The Administrative Court of Cassation has recently made a significant ruling in a medical treatment lawsuit, resulting in a Kuwaiti citizen being awarded compensation. The court has canceled the appealed ruling and has obliged the Ministry of Health, the Undersecretary of the Ministry, and the Director of the Abroad Treatment Department to pay 78 thousand dinars to the female Kuwaiti citizen.
The lawsuit was filed by Lawyer Nour Bin Haider on behalf of her client, who faced an unexpected situation during her medical treatment in the United States. According to reports from Al-Rai daily, the client was undergoing treatment for a lung clot that led to a coma. However, she discovered that her medical benefits were abruptly terminated before the completion of her treatment.
Given the severity of her medical condition and the treating physician’s recommendation against her return to Kuwait, the plaintiff sought assistance from the health office in Washington. Unfortunately, her attempts were unsuccessful, and she was left with no choice but to cover the expenses of her treatment and those accompanying her until her return to Kuwait, which happened a year after the cessation of her benefits.
The Supreme Medical Committee for Treatment Abroad approved only a partial disbursement of $70,000 for the treatment bills. However, it refused to compensate the plaintiff for the additional expenses she incurred and those accompanying her.
In response, the plaintiff’s defense submitted a comprehensive set of documents to the court, including medical reports and correspondence related to her client’s health condition. These documents had not been presented to the relevant medical committee for consideration regarding the extension of the treatment period.
Initially, the court ruled in favor of the plaintiff, awarding her an amount of 78,000 dinars. However, the Court of Appeal overturned this decision. In the subsequent appeal to the Court of Cassation, lawyer Nour Bin Haider strongly argued that her client was entitled to the previously determined amount, which included 200 dinars per day for 13 months following the treating doctor’s recommendation.
After careful consideration, the Court of Cassation ultimately concluded that the plaintiff is indeed entitled to the aforementioned amount. This ruling sets an important precedent in ensuring that individuals receive fair compensation for unexpected situations that arise during medical treatment abroad.
It is important to note that this ruling is specific to the laws and regulations in Kuwait. Laws regarding medical treatment and compensation may vary in different countries. Therefore, it is crucial for individuals seeking medical treatment abroad to familiarize themselves with the local laws and regulations to protect their rights and interests.
This ruling highlights the significance of presenting all relevant documents and evidence during legal proceedings. The plaintiff’s defense’s thorough submission of medical reports and correspondence played a crucial role in securing a favorable outcome for their client.
Overall, this ruling serves as a reminder that individuals should not hesitate to seek legal assistance when facing unexpected situations during medical treatment. By working with experienced lawyers and presenting a strong case supported by relevant evidence, individuals can protect their rights and seek fair compensation.
Source: TimesKuwait
