19/11/2024
19/11/2024
KUWAIT CITY, Nov 19: The Court of Cassation has acquitted a doctor at a government hospital of manslaughter and negligence charges and rejected a compensation claim filed by the deceased's heirs, who alleged that a medical error led to their relative's death.
The doctor’s defense attorney, Dr. Fawaz Al-Khatib, argued before the court that while doctors can be held accountable for medical errors or negligence if proven, the court had already issued a final ruling clearing the doctor of any wrongdoing. As such, without proof of error, there was no basis to require compensation.
In its ruling, the court explained that error is the foundation of civil liability and must be proven for it to be established. It clarified that the plaintiff carries the burden of proving the error, and the court’s assessment of whether an error occurred is within its discretion, provided it is based on logical evidence.
Additionally, the court stated that the judgment in the criminal case is binding in the civil case if it conclusively determines the occurrence of the act in question, its legal description, and its attribution to the defendant.