KUWAIT CITY, Jan 25: According to a legal study, which is the first of its kind, nearly 3,000 cases related to the medical sector were registered in the last three years, with the majority concerning violations in private medical clinics. Approximately 600 of these cases were related to medical errors, and 60 percent of medical error cases stem from cosmetic surgeries performed in private clinics.

The study, which was prepared by lawyer Hawra Al-Habib, revealed that some medical error cases may not make it to court, as they are often resolved through waivers or agreements. It explained that medical error cases are difficult to prove, but they are also extremely serious because they involve human lives. In many instances, the damage caused by medical errors cannot be reversed and may lead to severe complications if not discovered and dealt with promptly. While medical errors occur worldwide and their rates vary from one country to another, they cannot be entirely prevented even with all precautionary measures in place. However, there are certainly ways to reduce their occurrence. In the United States, academic studies indicate that medical errors are the third leading cause of death for patients.

The study highlighted that penalties for medical errors are typically disciplinary and may include fines or imprisonment, particularly if the error is proven to be the result of intent, negligence, or inadequate care, especially after a procedure, or in cases of incorrect treatment or misdiagnosis. Misdiagnosis, in particular, has been emphasized by the Kuwaiti judiciary as a form of medical error. Al-Habib explained in her study that there have been cases where individuals were initially diagnosed with malignant diseases. After further examinations and a deterioration in their psychological condition, it became clear that the diagnosis was incorrect and they were not suffering from any illness. In addition, some patients traveled abroad for treatment based on diagnoses made in government or private hospitals in Kuwait. Upon re-evaluation, it was revealed that the initial diagnoses were entirely wrong, and these patients were found to be suffering from different conditions that did not warrant surgery. Such misdiagnoses should result in compensation. However, the study also highlighted that in some instances, doctors were not negligent and made every effort, but the outcomes were unsatisfactory to the patient. Al-Habib went on to explain that proving medical error requires a research specialist, as it involves long periods, correspondence, and investigation committees, which often take longer to conclude. It is nearly impossible for any doctor to voluntarily admit to making a medical error, as doing so could result in blame, punishment, a trial, or even suspension from practicing medicine.

Therefore, rather than admitting fault, doctors may attempt to remedy the error privately, hoping that the situation improves before informing the patient. Most rulings issued by the judiciary, if they result in proving harm, generally lead to financial compensation for the patient rather than imprisonment. Imprisonment requires evidence of intentional wrongdoing or clear negligence that leads to the patient’s death. The Kuwaiti judiciary protects the patient, ensuring appropriate compensation when harm occurs. The articles of the relevant law guarantee the protection of the patient’s rights, and also sometimes offer the treating physician some leeway. There have been many cases where the final judgment has been financial compensation rather than punitive action. Al-Habib concluded that the causes of medical errors are many and varied, with the most prominent being infections acquired after surgery, delayed diagnosis despite follow-ups, and incorrect diagnoses. as well as insufficient follow-up after treatment and incorrect medical prescriptions. In addition, some doctors believe that many errors are caused by the patient’s own actions, such as failing to follow medical instructions or guidelines or being negligent in adhering to prescribed care.