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Kuwait Calls For The Need of A New Law to Allow Medical Error Lawsuits

attorney Aziz Al-Saayed called for the introduction of stricter legal penalties for by hospital staff.

“A law protecting patients from the medical mistakes should be issued, especially after doctors’ recent demands that a law be issued to protect them from attacks by patients,” Aziz Al-Saayed stressed.

In addition, Al-Saayed explained that many patients have suffered due to medical mistakes perpetrated by doctors in different fields. However, in many cases the harmed patient is not compensated and the doctor goes unpunished. He asserted that the shortcomings of the current legislation regarding such incidents indicate that there is a need for these laws to be modified.

Medical work is the licensed work of the doctor applied to the body of a patient according to the medical and scientific rules, to diagnose disease and determine the treatment to cure the patient or reduce his pain and suffering,” he said. This is the legal term, as the medical work includes diagnosis, , performing surgical operations, prescribing medication and giving medical consultations. In some cases medical work is not about curing, such as in cases correcting deformities for instance, like plastic surgery.

The legal definition of medical responsibility has two forms, Al-Saayed explained. “The first form is a contract form if the doctor is treating the patient according to his own choice and demand. The second form is the limited form, and this applies in case that the patient is not free to choose the doctor, when the doctor is appointed by the management of the hospital for instance,” he said.

Doctors are responsible towards their patients to honestly provide care to enable them to recover. “It’s not to reach a goal or result as in curing him, in fact. Thus there are some cases when the doctor is obliged to achieve a result and not just deliver care. For instance, the artificial fixing such as prosthetic limbs, tooth implant or plastic surgery. This also applies to medication, blood transfer, or ,” he explained.

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