Based on a new legal principle, whereby an erroneous medical diagnosis imposes an obligation on the diagnosing party to compensate the affected patient, irrespective of tangible harm, the Civil Court of Appeals has ruled in favor of a Kuwaiti woman.
The court mandated a private hospital to pay her KD 8,800, encompassing the final moral compensation and legal fees attributed to a diagnostic error, reports Al-Rai daily.
The Kuwaiti woman sought medical diagnosis at a private hospital, only to have her condition misdiagnosed by the hospital’s physicians. The case underwent forensic examination, revealing insufficient evidence to prove a violation of medical principles in the handling of the plaintiff’s case.
Consequently, the Court of First Instance rejected the compensation claim, citing a lack of support.
During the subsequent court session, the defense counsel, represented by Lawyer Dr. Fawaz Al-Khatib, underscored the flaws in the ruling’s application of the law and its reliance on an inadequate forensic medical report.
In response, the Court of Appeals appointed a tripartite committee comprising professors from the Faculty of Medicine at Kuwait University to investigate. The committee’s findings determined the inaccuracy of the hospital doctors’ diagnosis, citing negligence for omitting essential details in the diagnosis.
Despite objections from the hospital, the court reassigned the committee to address these concerns. Following the submission of the report, the court reserved judgment and subsequently issued the aforementioned ruling.
In justifying its decision, the court emphasized that the compensation for moral damage should sufficiently console the injured party, alleviating feelings of sadness and grief without undue exaggeration. Undoubtedly, the Kuwaiti woman endured pain, sadness, grief, and psychological stress due to the hospital staff’s erroneous diagnosis of her medical condition.
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