Medical Malpractice in Kuwait
Reviewed by the Commoner Law Editorial Team. Sourced from Kuwaiti national legislation, Amiri decrees, and ministerial decisions. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
Kuwait strengthened its medical malpractice framework with Law No. 70 of 2020, which established clearer liability rules and a mandatory investigation process:
- Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, causing injury or death to the patient.
- All claims must first be reviewed by a medical liability committee appointed by the MOH — you cannot go directly to court without this committee's report.
- If the committee confirms malpractice, you can file a civil lawsuit for compensation covering medical costs, lost income, pain and suffering, and ongoing care needs.
- In cases of gross negligence or criminal conduct, the doctor can face criminal prosecution with penalties including imprisonment.
- Hospitals and clinics can be held jointly liable for the negligent actions of their employed medical staff.
- Kuwait's high per-capita healthcare spending means access to expert second opinions is readily available — get one before deciding whether to pursue a claim.
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 contributed to the death.
- You received the wrong medication, misdiagnosis, surgical error, or inadequate post-operative care.
What to Do If You Were Harmed by Medical Negligence in Kuwait
- Document everything — request copies of all medical records, prescriptions, lab results, imaging, and surgical reports.
- File a complaint with the MOH medical liability committee — this is a mandatory first step before any court action.
- Hire a lawyer specialising in medical liability — they will guide you through both the committee process and any subsequent civil court case.
- For suspected criminal negligence (e.g., operating while intoxicated, falsifying records), also file a police report.
What should you NOT do?
- Do not delay filing — there is a statute of limitations on medical malpractice claims. Begin the MOH complaint process as soon as you suspect negligence.
- Do not accept a settlement without legal advice — hospitals may offer quick settlements that are far below what the law entitles you to.
- Do not confront the doctor publicly or on social media — Kuwait's Cybercrime Law (No. 63 of 2015) criminalises online defamation, which could lead to a counter-complaint against you.
Common Questions
When does it apply — medical malpractice?
You suffered an injury or worsened condition due to a medical error during treatment.A family member died and you believe medical negligence contributed to the death.You received the wrong medication, misdiagnosis, surgical error, or inadequate post-operative care.
What should I do if I believe a doctor or hospital in Kuwait caused me harm through negligence?
Document everything — request copies of all medical records, prescriptions, lab results, imaging, and surgical reports.File a complaint with the MOH medical liability committee — this is a mandatory first step before any court action.Hire a lawyer specialising in medical liability — they will guide you through both the committee process and any subsequent civil court case.For suspected criminal negligence (e.g., operating while intoxicated, falsifying records), also file a police report.
What should you NOT do — medical malpractice?
Do not delay filing — there is a statute of limitations on medical malpractice claims. Begin the MOH complaint process as soon as you suspect negligence.Do not accept a settlement without legal advice — hospitals may offer quick settlements that are far below what the law entitles you to.Do not confront the doctor publicly or on social media — Kuwait's Cybercrime Law (No. 63 of 2015) criminalises online defamation, which could lead to a counter-complaint against you.