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Medical Negligence and Malpractice in Kuwait 

What is the Difference Between Medical Malpractice & Medical Negligence?


Medical Malpractice is the breach of the duty of care by a medical health provider. Medical Malpractice has an element of “intent”. Medical Malpractice implies deviation from the accepted standards of medical care, and as a result of that omission or act a patient suffered an injury or died.

Medical negligence does not involve intent. Medical negligence applies when a medical provider makes a “mistake” in treating the patient and the mistake results in harm to the patient. Negligence is a failure to exercise the care that a reasonably considerate and careful person would exercise in similar circumstances. It is not intentional, but careless.



What's the duty of care in medical malpractice?

Duty of care is an obligation of an individual or medical organization to adhere to a standard of reasonable care while performing any acts that could foreseeably harm others. In other words, if facing the same or similar circumstances, what other medical providers would or would not have done.

The main objective is to understand whether the health services provider was negligent.

If a healthcare provider's negligence directly causes injury or damages to a patient, then we have a malpractice claim. However, the negative consequences of the surgery or treatment do not always prove that medical malpractice or medical negligence took place.


Here are some of the malpractice / medical negligence cases:

  • Failure to diagnose a disease or illness in a timely manner and treat it;

  • Failure to properly monitor patients and perform surgical procedures;

  • Failure to properly understand test results, prescription drug errors, improper use of medical equipment, etc;

  • Birth Injuries;

  • Suffering a severe injury while under the care of a doctor, hospital or other health care provider;

  • The equipment used during surgery or treatment was broken or was not handled properly


Four elements must be proved to have been present for medical malpractice to be found. They are:

  1. Duty

  2. Negligence or deviation from the standard of care

  3. Caused damages

  4. Direct cause


When You should pursue a case?

  • the injuries and damages documented in the records;

  • they've been reviewed and confirmed by an expert;

  • the damages are substantial;

  • a lawyer in Kuwait determines whether the case is actionable;


Who can be sued for medical malpractice?

Hospitals, Pharmacists, Medical Centers, Psychologists, Nurses, Nursing Homes, Surgeons, Physician Assistants


Have You become a victim of medical malpractice in the State of Kuwait?

We offer online and in-person consultations, assess the case and merits of your claim, provide you with legal guidance to consider the factors that may work in your favor, whether we can achieve a settlement without going to trial.

To take the first step contact us today.

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