Medical Liability in Kuwaiti Law

Law No. 70 of 2020 regarding the practice of medicine, allied health professions, patients’ rights, and healthcare facilities serves as the fundamental cornerstone of the legal framework protecting patients’ rights in Kuwait and ensuring the provision of safe healthcare according to international standards.

This law establishes strict rules to ensure patient safety, including several vital provisions such as regulating professional licensing. No person may practice medicine without obtaining an official license from the Health Licensing Department, thereby ensuring physicians’ qualifications and compliance with technical and ethical standards.

The law stipulates patients’ right to receive accurate information about their health condition and all information related to medical procedures, including risks, benefits, and available alternatives, as well as obtaining informed consent before any medical intervention. It also protects patient privacy and medical record confidentiality, prohibiting disclosure of patient file contents except with patient consent or by court order.

The law defines medical liability at both criminal and civil levels in cases of medical error or proven negligence. It distinguishes between medical error and medical negligence: medical error relates to actions taken in violation of established medical rules or failure to follow proper diagnostic and therapeutic procedures, while medical negligence involves failure to provide necessary care due to incompetence or lack of proper qualification, resulting in patient harm.

In cases of medical error or proven negligence, patients or their guardians have the right to approach relevant authorities to file complaints, document the case, and pursue compensation claims through courts for both material and moral damages resulting from the error or negligence by the physician or treating facility.

The law establishes several mechanisms for handling medical error and negligence complaints, including formal complaint submission by patients or their representatives to competent authorities. Specialized committees comprising doctors, legal advisors, and experts are formed to evaluate facts and determine the extent of deviation from approved standards. Upon proving error or negligence, patients may file civil or criminal lawsuits, and in serious cases, the judiciary imposes strict disciplinary penalties on violating parties.

The Medical Liability Authority, established under Law No. 70 of 2020 as an independent government body, is responsible for providing technical opinions through specialized committees in evaluating medical error complaints and professional violations. It has authority to implement disciplinary measures such as license suspension or financial penalties. The Authority’s reports assist the judiciary in making fair decisions and ensure Kuwait’s commitment to achieving highest safety standards in medical practice and patient rights protection.

In conclusion, Law No. 70 of 2020 regarding medical practice achieves, through its legal and regulatory aspects, a balance between protecting patients’ rights and encouraging medical professionals across specialties to practice their medical duties with confidence and professionalism, establishing a clear framework for necessary legal treatment of cases involving medical errors and negligence.

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