KUWAIT CITY, July 3: The Court of Cassation overturned the verdict issued by the Court of Appeals which accused a female Kuwaiti surgery consultant of forgetting a piece of gauze inside the abdomen of a patient after an operation. The court instead acquitted the surgeon. Due to severe pains following an operation, a K u w a i t i patient had filed a lawsuit against the surgeon who carried out the surgery on her in one of the hospitals of the country. When she conducted tests, a piece of gauze was discovered in her abdomen. She then called for punishing the surgeon.
The Court of Appeals did not punish the accused and instead obliged her to pay KD 1,000 to avoid execution and sign a pledge to maintain good conduct for 6 months. However, at the Cassation Court, the defense counsel Lawyer Hawra Al-Habib said the appealed verdict affirmed the doctor was not responsible for the damages after the operation as she exerted honest efforts in accordance to exceptional situations in line with medical science practices. She stressed that the complainant’s claims that her client forgot the gauze piece inside her uterus was illogical because the operation was done in another part of the body, which therefore makes the allegations against her client impossible.
Man not guilty: The Misdemeanor Court has cleared a Kuwaiti man of alleged battering of his wife and theft of KD 200 from her bag. According to the case file, the woman accused her estranged husband of hitting a sensitive part of her body, and stealing KD 200 and a mobile phone from her bag. The problem had started when the man saw his wife coming out of a clinic in Hawalli and entering a car belonging to the girlfriend of her nephew. The man blocked their way. The wife then jumped out of the car and ran but the man chased her and caught hold of her bag. She fell in the process after which her husband hit her several times and took her bag which contained KD 200 cash and her mobile phone. He then went to the police station with the bag but without the money or the mobile phone. However, the defense counsel Lawyer Abdulrahman Al-Watri said the allegations against his client were ruse and that the issue was a case of personal status in nature. He explained that the couple has an existing case in the personal status court, and the allegations were cooked up to ensure the man divorced her and she was able to get some rights. Lawyer Al-Watri indicated that there are no witnesses to the alleged battery, stressing that the plaintiff had fled out of fear and dropped her bag in the process. He accused her of misleading the court, especially since she did not mention that there was an iPhone in her bag during investigations.
By Jaber Al-Hamoud Al-Seyassah Staff