A New Legal Principle in Medical Malpractice Cases: Incorrect Diagnosis Requires Diagnosing Physician to Compensate

By Jaber Al-Hamoud - Alseyassah

In a groundbreaking legal decision, it has been established that incorrect medical diagnosis mandates compensation by the diagnosing physician to the affected patient, and the hospital that provided the medical service, regardless of the absence of physical harm. The Civil Court of Appeal ruled in favor of a citizen, ordering a private hospital to pay her 8,800 Kuwaiti Dinars in final moral damages and legal fees due to an error in diagnosis.

The case emerged when a woman sought a diagnose in a private hospital, but the hospital’s doctors failed to correctly diagnose her condition. Forensic medicine investigated and concluded that the hospital’s staff had not breached medical standards in handling the plaintiff’s case. Consequently, the initial court rejected the compensation lawsuit due to insufficient legal basis.

Represented by her attorney, Dr. Fawaz AlKhateeb, the woman appealed. Dr. AlKhateeb contested the original ruling’s legal interpretation and reasoning, arguing it was based on a deficient forensic medical report. Subsequently, the Court of Appeal appointed a three-member committee from the Faculty of Medicine at Kuwait University. The committee determined that the hospital’s diagnosis was imprecise and lacked necessary details, indicating negligence.

Following the submission and the hospital’s challenge to the report, the court reconvened the same committee to address the objections. Once the report was filed, the court reserved judgment on the case, culminating in the decision previously mentioned.

In its rationale, the court stated that for compensating moral harm, it suffices to provide an amount that comforts the aggrieved party and mitigates her feelings of grief and distress, avoiding excess or extravagance. The court acknowledged the pain, sorrow, distress, and psychological suffering the woman experienced due to the hospital staff’s diagnostic error. Therefore, the compensation was set symbolically to fulfill its purpose and alleviate the aggrieved party’s feelings of sorrow and distress.

Source: Arab Times