Malay court tells doctors to get female patients’ consent before taking pictures of private parts

GEORGETOWN - The Malaysian High Court has told surgeons in the country to obtain their female patients’ consent before taking pictures of their intimate parts.

Judicial Commissioner Chew Soo Ho, in allowing the claim by former reporter Lee Ewe Poh, 51, against general and colorectal surgeon Dr Lim Teik Mau and Loh Guan Lye and Sons Sdn Bhd, said the modesty of female patients must be respected and not violated.

“Failure to do so constitutes invasion of privacy, and a breach of trust and confidence,” the New Strait Times quoted Chew as saying while awarding Lee RM 25,000 in general damages and RM 10,000 in costs.

Lee had filed the suit against Dr Lim and the hospital, saying that she felt violated after pictures of her private parts were taken during a haemorrhoid surgery.

Chew said the defendants’ expert witness, Dr Mohamed Akhtar Qureshi, a leading general and colorectal surgeon in the country, had testified that it was an acceptable practice for patients to be photographed under sedation.

However, under cross-examination Dr Akhtar had agreed that the right to make the decision on whether such pictures could be taken or not rested solely on the patients, noting that they must be warned in advance. (ANI)