According to a groundbreaking legal study conducted by lawyer Hawra Al-Habib, nearly 3,000 medical-related cases have been registered in Kuwait over the past three years. The majority of these cases involve violations in private medical clinics, with approximately 600 relating specifically to medical errors. Of these, about 60% stem from cosmetic surgeries performed in private clinics.

While medical error cases are challenging to prove, they are considered extremely serious due to their potential life-threatening consequences. In many cases, the damage caused cannot be reversed and may lead to severe complications if not addressed promptly. The study noted that some cases are resolved privately through waivers or agreements, often before reaching court.

Misdiagnosis is a major factor contributing to medical errors in Kuwait. According to the study, some individuals have been initially diagnosed with malignant diseases, only to discover later that they did not have any illness. There are also cases where patients traveled abroad based on incorrect diagnoses from Kuwaiti hospitals, only to find that they required no surgery. These misdiagnoses often result in claims for compensation.

Penalties for medical errors in Kuwait can include fines, imprisonment, and disciplinary actions. However, criminal punishment is only applied when the error is deemed intentional or caused by gross negligence. The study highlighted that proving medical error requires expert research, and investigations can take extensive time to conclude. Moreover, doctors rarely admit to making errors, as it could result in professional and legal consequences.

The most common causes of medical errors include infections acquired post-surgery, delayed diagnoses, incorrect medical prescriptions, and insufficient follow-up care. Additionally, some medical errors may be attributed to patients failing to follow medical instructions, leading to complications.