Medical Malpractice
Written in plain language for general understanding. This is educational content, not legal advice. Based on Kuwaiti national legislation, Amiri decrees, and ministerial decisions.
Kuwaiti National Law
What is this right?
If a doctor or hospital harms you through negligence, Kuwait law allows you to seek compensation:
- Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, causing injury or death.
- Claims are reviewed by a medical liability committee appointed by the MOH before they can proceed to court.
- If the committee finds malpractice, you can file a civil lawsuit for compensation covering medical costs, lost income, and pain and suffering.
- In cases of gross negligence or criminal conduct, the doctor can face criminal prosecution with penalties including imprisonment.
- Hospitals can be held jointly liable for the actions of their staff.
When does it apply?
- You suffered an injury or worsened condition due to a medical error during treatment.
- A family member died and you believe medical negligence was a contributing factor.
- You received the wrong medication, wrong diagnosis, or botched surgery.
What should you do?
- Document everything — collect medical records, prescriptions, test results, and photos of injuries.
- File a complaint with the MOH medical liability committee — they will investigate and issue a report.
- Hire a lawyer specialising in medical liability to pursue compensation in civil court.
- For criminal negligence, file a police report as well as the MOH complaint.
What should you NOT do?
- Do not delay filing — there is a statute of limitations on medical malpractice claims.
- Do not accept a settlement without legal advice — you may be entitled to more than what is offered.
- Do not confront the doctor publicly — use the legal process to protect your case and avoid defamation issues.
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