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Justice for Medical Negligence: KD 45,000 Awarded by Kuwait Court

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KUWAIT CITY, May 24: The Court of Appeals upheld the ruling of the Court of First Instance, which ordered the Ministry of Health to pay KD45,000 to a female citizen as final compensation for damages, disability, and bodily harm resulting from a medical error during childbirth at a government hospital. The plaintiff demanded compensation for the material and moral damages she suffered and for the disability (estimated at 20 percent of her total body capacity ) caused by medical errors during her delivery at the hospital.

Attorney Mishari Sulaiman Al-Marzouq, lawyer of the plaintiff, said the Medical Liability Authority report concluded that three doctors affiliated with the Ministry of Health committed medical and professional errors, with disciplinary sanctions imposed on them. Al-Marzouq explained that his client suffered material damages, including a longer stay in the hospital and the expense of purchasing medications and painkillers after her discharge. “She also suffered a degree of disability and moral damages as a result of the significant reduction in her chances of becoming pregnant in the future. The medical reports concluded that the medical errors affected his client’s uterus, causing disability and a partial loss of its function. The subsequent pregnancy will be extremely risky; hence, the need for compensation.”

By Jaber Al-Hamoud

Al-Seyassah/Arab Times Staff

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Politics

Court ‘axes’ jail for two lawyers

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KUWAIT CITY, May 24: The Court of Cassation overturned the one-year prison sentence previously imposed on two lawyers accused of spreading false information about Minister of Public Works Dr. Noura Al-Mashaan. Instead of upholding the prison term, the higher court opted to refrain from imposing a punishment, ordering the lawyers to maintain good conduct. Earlier, the Court of Appeals sentenced the two lawyers to one year in prison for disseminating false news about Al-Mashaan through the social media platform ‘X’ (formerly Twitter). The State security case was filed after the Ministry of Interior arrested the lawyers on charges of publishing fabricated information about the minister. When they were referred to the Public Prosecution, both defendants denied the allegation.

By Jaber Al-Hamoud
Al-Seyassah/Arab Times Staff

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Politics

Good conduct pledge frees officer

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KUWAIT CITY, May 24:The Court of Cassation overturned the seven-year prison sentence imposed on a traffic officer accused of unlawfully transferring vehicle ownership without the presence of the original owners. Instead of upholding the sentence, the court decided to refrain from pronouncing punishment and then required the officer to maintain good conduct.

In the same case, the court also ruled to abstain from punishing several employees involved in the case. All were ordered to pay a bail of KD500 and adhere to good conduct conditions for one year. Earlier, the Public Prosecution referred the accused to court on charges of forgery, alleging they facilitated the transfer of vehicle ownership to third parties without the presence or authorization of the actual owners.

By Jaber Al-Hamoud

Al-Seyassah/Arab Times Staff

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Kuwaiti Woman Has Legal Right to Property Title

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KUWAIT CITY, May 24: The Cassation Court has overturned previous rulings by both the Court of First Instance and the Court of Appeal, affirming that a Kuwaiti woman has the legal right to take all necessary steps to obtain a title deed for a disputed property, on equal terms with her ex-husband.

In its ruling, the Court confirmed that documentation showed the property in question had been jointly allocated to both the appellant (the woman) and the first respondent (her former husband) in 2003. An official letter sent to the relevant authority at the time clearly stated that the title deed should be issued in the names of both spouses.

Representing the appellant, Attorney Hawra Al-Habib argued that the respondent’s refusal to proceed with the title issuance amounted to an abuse of legal rights. She maintained that the earlier rulings were flawed and requested that they be set aside.

Al-Habib emphasized that marital status at the time of allocation is the key factor in determining co-ownership rights (regardless of any subsequent changes in the relationship), provided all legal conditions are met. She asserted that deviating from this principle undermines the legal framework for establishing ownership rights.

The Court ultimately agreed, restoring the woman’s equal entitlement to the property.

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