Both civil and criminal action may be taken against the hospital for keeping the baby’s body for 16 days because the father did not pay the hospital bill.
Sinar Harian quoted lawyer Datuk Ahmad Zaharil Muhaiyar, representing the baby’s father Safwan Roshdy, as saying that those concerned were given until midnight on Thursday (Dec 12) to withdraw their statements made via social media.
“We have identified several account owners who defamed my client, including alleging that he is not married.
“We have checked the status of my client’s marriage certificate with the Perlis Islamic Religious Affairs Department (JAIPS) and found that the certificate is valid.
“We have given you (a deadline) to delete the defamatory posts or comments.
“Do not make any assumptions.
“We have identified you, whether (you made) live broadcasts via TikTok (or other platforms),” he told the daily several hours before the deadline.
Zahiril said a police report will also be filed soon and action could also be taken against the hospital for a statement that it issued.
He said both civil and criminal action may be taken against the hospital for keeping the baby’s body for 16 days because the father did not pay the hospital bill.
“We will wait for the findings from investigations by the police and the Health Ministry on this matter,” he said.
Safwan, 22, told the daily he was saddened and disappointed by the accusations and insults levelled at his family.
Safwan added that he and his wife decided to take action against those involved and had left the legal aspects to his lawyer.
It was reported that a private hospital in Selangor allegedly kept a baby’s body in a freezer for over two weeks as the father could not pay the hospital bill.
Muhammad Adham Mikail was born with severe abnormalities, including having only one eye, no nose, and no anal opening, and died 30 minutes after birth on Nov 24.
A social media post by Wan Cai, a special funeral van unit, claimed the baby’s body had to be thawed with hot water.
The father is employed at a factory in Shah Alam and could not afford the RM3,600 hospital bill for his wife’s labour, leading to her being held until the bill was settled.
Safwan said he had tried to arrange for his child’s burial but was not allowed to do so.
He also said it was not his choice to have his wife deliver at the private hospital.
The situation unfolded unexpectedly when another individual assisted in taking his wife, who was in labour, to the hospital.
Recalling the incident, Safwan said he was working when he received a call about his wife who was in labour.
“The person who helped my wife had taken her to a nearby private hospital.
“Upon arrival, the hospital told me my wife was about to deliver, and they informed me that our baby was born with defects.
“My baby was born safely, and when I performed the ‘iqamah,’ he was active and cried just like any other baby.
“But shortly after, the hospital informed me that my baby had passed away,” he said.
Safwan said the hospital informed him that his baby’s cause of death was breathing difficulties.
He said he had asked the hospital to allow him to arrange his baby’s funeral but was told that he could not do so until the bill was paid.
“Every day, I requested to be allowed to bury my baby’s body while my wife stayed at the hospital, but they wouldn’t allow it.
“I couldn’t do anything until I sought help from Unit Khas Van Jenazah,” he said.
Safwan also denied claims that he and his wife were unmarried and that he had refused to claim the baby’s body.
He clarified that they were indeed married, and the misunderstanding might have arisen because his wife did not have a ‘pink book’ (record of prenatal care).
Safwan admitted that his wife did not receive antenatal care due to financial constraints, but they had monitored the pregnancy using a smartphone app.
“I am extremely disappointed and saddened by the accusations and comments from people on social media.
“At this time, my wife is in a very unstable condition. I don’t want to disturb her emotions, but I will take appropriate legal action against the parties involved,” he said.
On Tuesday, the incident went viral on social media after the founder of the Special Funeral Van Unit “Mr Wan Cai Official” shared the story on their Facebook account.
Wan Cai reportedly revealed that his team faced challenges handling the baby’s remains, which were completely frozen.
“We had to use warm water mixed with tap water to soften the body and joints of the little angel,” he explained.
Sinar Harian also reported Wan Cai claiming the mother was detained and not allowed to leave the ward until the bill was fully settled.
HBR refuted the allegations saying the baby’s burial permit was signed, and the husband was asked to arrange the burial the following day.
However, the hospital claimed that the husband left the premises and did not claim the corpse. The mother informed the hospital the next day that she could not settle the bill of RM2,480 and claimed the husband was responsible for arranging the burial.
The hospital added that there was no progress over the days and repeated attempts by the hospital to resolve the matter, including contacting family members, failed as the woman refused to provide their details.
“The husband came to visit her for a few minutes once every two to three days. Attempts to talk to him about the burial failed,” the hospital claimed.