Filing a Medical Malpractice Compensation Claim in Kuwait: Procedures, Requirements, and Compensation
By Lawyer Fahd Al-Saeed /November 08, 2026
Filing a Medical Malpractice Compensation Claim in Kuwait: Procedures, Requirements, and Compensation
Filing a medical malpractice compensation claim in Kuwait requires proof of a medical error, harm, and a causal connection between them. The Authority for Medical Responsibility provides the specialist technical assessment, while the court determines the financial compensation claim. An unsuccessful treatment outcome alone does not establish a doctor’s liability.
If complications develop after treatment or surgery, assessing a potential claim begins with reviewing the patient’s condition before and after the intervention, the steps taken, and the resulting harm. Organizing documents early helps explain the circumstances and support the compensation sought.
What Is Medical Malpractice in Kuwait?
Article 34 of Law No. 70 of 2020 explains that a doctor does not guarantee the outcome of treatment when the necessary care has been provided in accordance with the circumstances and the doctor’s specialty. Liability may arise from breaching accepted medical standards, neglecting care or follow-up, performing procedures without appropriate qualifications, or using equipment without adequate training.
A distinction must therefore be made between complications that can occur despite appropriate care and harm resulting from a professionally established breach. A different treatment opinion from another doctor does not, by itself, establish malpractice.
Requirements for a Medical Malpractice Compensation Claim
A compensation claim requires the elements of civil liability to be established and supported by appropriate evidence:
Element | What Must Be Established | Examples of Evidence |
|---|---|---|
Medical error | A breach of professional duties or accepted medical standards | Medical records and the specialist technical report |
Harm | An actual injury or loss | Injury reports and treatment invoices |
Causation | A connection between the harm and the alleged error | Technical assessment of how the patient’s condition developed |
Harm caused by the underlying illness must be distinguished from harm attributable to the medical conduct challenged in the claim. The fact that a patient’s condition deteriorated after treatment does not, on its own, establish causation.
Steps for Filing a Medical Malpractice Compensation Claim in Kuwait
1. Prepare a Timeline of Events
Record when treatment began, the healthcare facility’s name, the procedures performed, when symptoms appeared, and what happened when further assistance was requested.
The summary should preferably include:
The patient’s condition before the medical intervention.
The diagnosis and prescribed treatment.
The date of the surgery or procedure concerned.
Subsequent symptoms or injuries.
Follow-up appointments and additional treatment.
Link each event to a supporting document wherever possible, and distinguish the facts from your interpretation of them.
2. Request Medical Reports and Documents
Article 28 allows a patient or their legal representative to request a medical report and obtain copies of their reports, examination and laboratory results, treatment records, and invoices, subject to the applicable procedures.
Submit requests in writing and retain evidence of submission. If an important document is missing, identify its name, date, and the organization holding it so that the appropriate way to obtain it can be considered.
3. Submit a Complaint to the Authority for Medical Responsibility
The Authority allows complaints to be submitted electronically through its official website. Its published requirements include a Civil ID, evidence of the patient’s relationship with the healthcare facility concerned, and a recent medical report establishing the harm covered by the complaint. A representative submitting the complaint must establish their legal authority to act.
The Authority does not require a lawyer to submit a complaint. A lawyer can nevertheless help organize the facts and attachments and follow up on the procedures.
4. Follow Up on the Technical Assessment
Under Article 37, the Authority for Medical Responsibility provides the technical opinion on medical errors and professional violations falling within its jurisdiction, in both public and private healthcare.
To present the circumstances clearly, prepare specific answers to these questions:
Which medical procedure is the complaint about?
What harm developed afterward?
Which document supports each point?
Which issues require a technical explanation?
Keep all notifications and record when they were received.
5. Review the Report and Object Where Grounds Exist
Article 49 permits an objection to be submitted to the Authority in a reasoned memorandum within 15 days of receiving the report or being notified that it has been issued. This deadline is separate from the time limits for court claims and appeals against judgments.
The objection should explain the alleged shortcomings or technical issues requiring further examination and include supporting documents.
6. Identify the Defendants and Prepare the Statement of Claim
Before proceedings are filed, the legal capacity of each party and the basis for claiming against them should be reviewed. Naming a doctor, healthcare facility, or its director is insufficient without explaining the alleged basis of liability.
The statement of claim should include:
The parties’ details and legal capacities.
The medical events and their dates.
The alleged grounds of liability.
The harm suffered and supporting documents.
Appropriate financial claims and requests for technical assessment.
Filing, service, and subsequent proceedings are then completed before the competent court according to the nature of the claim.
A technical complaint does not amount to a compensation judgment and does not remove the need to review the deadlines for court proceedings.
Documents Needed for a Medical Malpractice Claim
An indexed file helps clarify the claim and identify missing evidence:
Document | Purpose |
|---|---|
Civil ID and representation documents | Establishing identity and legal capacity |
Reports before and after treatment | Explaining how the patient’s condition developed |
Operation and discharge reports | Identifying procedures and dates |
Imaging, laboratory results, and prescriptions | Supporting the technical assessment |
Informed consent form | Reviewing the information and risks explained to the patient |
Treatment and rehabilitation invoices | Documenting the expenses claimed |
Disability reports and sick leave records | Showing the effects of the injury |
Income documents | Assessing employment and financial losses |
Complaint, reports, and notifications | Tracking procedures and deadlines |
Keep the originals and prepare organized copies showing each document’s date and the fact it supports.
How Much Compensation Can Be Awarded for Medical Malpractice in Kuwait?
A guaranteed compensation amount cannot be determined before the facts and evidence are examined. The assessment depends on the proven harm and applicable legal rules, rather than simply describing the incident as malpractice.
A claim may cover financial losses, lost earnings, and non-material harm where the legal requirements are satisfied. Special rules governing bodily injury must also be considered where applicable.
The following table can help organize the losses being assessed:
Type of Harm or Loss | Documents That Can Help Assess It |
|---|---|
Additional treatment | Invoices and reports explaining its necessity |
Lost income | Salary certificates, leave records, and business documents |
Disability or functional impairment | A report defining its nature and extent |
Future treatment | A treatment plan and documented cost estimate |
Psychological and non-material effects | Reports and documents relating to those effects |
An invoice or disability report does not automatically establish entitlement to the entire amount claimed. Its connection to the harm for which legal liability arises must also be shown.
The Lawyer’s Role in Medical Malpractice Cases
A lawyer can help organize the legal aspects of the claim by:
Reviewing legal capacity, defendants, and deadlines.
Organizing documents and identifying missing evidence.
Preparing the complaint, memoranda, and requests.
Reviewing the technical report and possible grounds for objection.
Documenting the harm and formulating the compensation sought.
Following proceedings, appeals, and enforcement as appropriate.
The medical assessment of whether an error occurred remains a matter for the competent technical authority.
Lawyers and Contact Details
The following names are published as members of the team at Ineqad Law Firm and Legal Advice Co. The number shown is the firm’s shared contact number. The lawyer handling a matter is assigned after its subject has been reviewed.
Lawyer | Contact Through the Firm |
|---|---|
Lawyer Fahad Al-Saeed | +965 66668811 |
Lawyer Riyad Al-Fadhli | +965 66668811 |
Lawyer Ahmed Al-Fadhli | +965 66668811 |
Ahmed Mohamed Naguib Abdelhadi | +965 6666 8811 |
Ahmed Salah Al-Serri | +965 6666 8811 |
Frequently Asked Questions
Does an Unsuccessful Operation Prove Medical Malpractice?
No. Compliance with accepted medical standards and the cause of the harm must be examined. Complications can occur despite appropriate care.
Does the Authority for Medical Responsibility Award Compensation?
The Authority does not decide financial compensation claims. Its technical role is separate from the court’s role in a compensation action.
Can I Submit a Complaint Without a Lawyer?
Yes, according to the Authority’s published information. A lawyer can assist with assessing the claim and following the legal procedures.
How Long Does a Medical Malpractice Compensation Case Take?
The duration varies depending on document completeness, technical assessment, service of proceedings, hearings, and appeals. The time taken to examine a complaint is not a guaranteed timeframe for concluding the court case and collecting compensation.
Does Signing a Consent Form Release the Doctor from Liability?
Consent to a procedure and its risks does not exempt a doctor from liability for a legally established error. The consent form is examined alongside the circumstances and technical report.
Contact Us to Assess Your Compensation Claim
Start by collecting your reports and invoices and preparing a timeline of events. These can then be reviewed to assess the evidence and appropriate procedures.
Contact Ineqad Law Firm and Legal Advice Co.:
Phone and WhatsApp: +965 66668811.
Website: ineqad.com.
Email: info@ineqad.com.
