10/06/2026
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10/06/2026
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KUWAIT CITY, June 10: The Court of Appeals annulled the decision of the Appeals Review Committee at the Medical Liability Authority on the issuance of a disciplinary warning to a surgeon employed at a government hospital, stressing that the decision had no legal basis.
The surgeon challenged the decision at the Administrative Court through his lawyer, Attorney Dr. Fawaz Al-Khateeb of Taher Law Group, naming the Ministry of Health undersecretary and head of the Medical Liability Authority as defendants in the case. Al-Khatib argued that his client carried out his professional responsibilities in accordance with the medical standards and that the diagnosis and treatment were approved by several specialists who supervised and monitored the condition of the patient throughout her hospitalization.
The dispute arose from a complaint concerning the medical procedures carried out on the patient. After a thorough review of the patient’s medical records and treatment measures, a specialized technical committee affirmed that no medical error or professional violation was committed. It stressed that the medical team acted in accordance with scientific standards and medical protocols.
However, the Appeals Review Committee declared the surgeon responsible, stating that he failed to request an urgent re-evaluation and did not reassess the treatment plan despite the continuation of certain symptoms. As a result, a warning was issued to the surgeon. In its judgment, the court stated that it was persuaded by the conclusion of the technical committee, as it consists of a bigger number of specialists within the same sub-specialization relevant to the subject of the dispute. The court added that the case file did not contain sufficient technical or legal evidence to support the allegations of professional misconduct against the surgeon.
The court stated, “the medical records, reports and statements of the treating medical staff proved that the diagnosis was based on the examinations and clinical information available at the time, and that more than one specialist physician arrived at the same diagnosis. Therefore, the surgeon exercised the degree of professional care required by law and that no negligence warranting disciplinary measures was established against him.”
Meanwhile, Al-Khatib asserted that the judgment reinforces an important legal principle — medical liability cannot be based only on differing medical opinions or on the failure to achieve the desired therapeutic outcome, but must rest on the existence of a clear professional error supported by technical and legal proof. He added, “The ruling enhances the legal protections available to healthcare professionals and underscores the importance of ensuring that disciplinary decisions are founded on solid evidence and well-established grounds, thereby maintaining balance between safeguarding patients’ rights and preserving the integrity and independence of medical practice.”
By Jaber Al-Hamoud, Al-Seyassah/Arab Times Staff and Agencies
