18/11/2025
18/11/2025
KUWAIT CITY, Nov 18: Following an appeal filed by Lawyer Sarah Al-Jassem Al-Qenaei on behalf of a doctor, the Court of Appeals overturned the six-month prison sentence issued by a lower court against her client on charges of alleged medical malpractice, and instead imposed a fine of KD 75. The court also dismissed the Public Prosecution’s appeal, which had sought a harsher penalty. Lawyer Al-Qenaei explained that the elements of medical liability justifying imprisonment were not present. Investigations did not show gross negligence or serious professional misconduct that could have caused direct harm to the patient. The incident was a professional error within the scope of normal medical practice. She stressed that the ruling is in line with established principles in medical malpractice cases, which distinguish between gross negligence warranting punishment, and ordinary negligence, where no significant harm is proven. Lawyer Al-Qenaei warned that excessive criminalization or overly strict measures could negatively impact the health sector and create an uncomfortable work environment for doctors
