Medical errors and their consequences in Kuwaiti law
Kuwaiti law defines the responsibilities resulting from individuals’ exposure to medical errors, which are defined as any “error that occurs as a result of ignorance of technical matters that every doctor is supposed to be familiar with, whether in terms of diagnosing the disease or prescribing appropriate treatment, and this error resulted in harm to the patient.” It also includes the error The medical doctor’s conduct of any “experiments or scientific research that are not technically approved on his patients, and that resulted in harm to them”; This is as stipulated in Article “13” of Law No. “25” of 1981 regarding the practice of the profession of human medicine and dentistry and the professions supporting them.
Medical error entails legal responsibilities provided that the doctor is responsible for the deteriorating condition that the patient has experienced, as a result of his ignorance of medical and technical matters that he cannot ignore. Kuwaiti law establishes conditions for the application of liability arising from medical error, thereby preserving both the patient's and the doctor's rights as well; The law distinguishes between mistakes made by the doctor as a result of intentional, ignorance or negligence and complications caused by the nature of the disease itself or the patient's negligence of the doctor's instructions.
In both cases, those who are harmed are recommended to resort to a trusted Kuwaiti bodily injury law firm to file a complaint to establish and prove the medical error in the event of a patient, or to deny legal liability to the doctor if the error is the result of complications of the disease or the patient's neglect of medical instructions.
Traffic accidents and its provisions in Kuwaiti law
Traffic accidents are among the most serious threats to citizens' safety and lives. Therefore, Kuwaiti law includes detailed articles and clauses on everything related to traffic. where the Law No. "67" of 1976 includes the definition of vehicles, roads, and directions of their kinds, as well as the conditions and requirements of vehicle licensing, the conditions of security and durability, the rights of the owner of the vehicle, Teaching Driver, as well as the articles governing traffic rules and morals, and violations and penalties Therefrom.
Traffic accidents often result from several factors such as erroneous traffic behaviors related to driving, lack of attention or caution when driving a vehicle, non-compliance with road traffic markings, or exceeding speeds.
In the event of a traffic accident, an expert car accident lawyer in Kuwait must be authorized to settle the responsibilities, sanctions, or compensation involved; Article 42 of the aforementioned Act clarifies that a policeman in his uniform or a traffic man who seizes the accident or verifies the detainee's driver's or vehicle license, in a case such as an injury or manslaughter. This is in addition to other articles of Kuwaiti law showing traffic violations that may result in injuries or endanger people's lives.
Traffic Injuries and Penalties Thereof In Kuwait
Kuwait's above-mentioned traffic law contains articles that preserve the right of individuals to traffic injuries; "29" asserts that "the driver of any vehicle from which an accident resulted in injuries to persons must stand and leave the car at the scene and report the incident to the nearest policeman or ambulance as soon as it occurs."
Article 44 also states that any police officer may arrest anyone who commits an accident that results in injury or death to a person, or who attempts to escape in the event of an accident that harms the safety of an individual. However, an experienced car accident lawyer in lawyer will protect your rights established by Kuwaiti law.
Thus, it is clear that any of the perpetrators, injured persons, or their relatives need a competent law firm to plead or settle cases relating to legal injuries, especially since Kuwaiti law prescribes penalties of imprisonment or fine for any offense that may cause traffic accidents; such as driving a vehicle with frivolity or not paying attention while driving that endangers people's lives, driving a vehicle under the influence of narcotic substances or psychotropic substances, using a phone while driving, or passing the maximum speed limit.
Insurance issues in Kuwaiti law
The term "insurance" is intended to transfer the burden of risk from insured persons to insurance companies, so that these companies pay a certain amount of money when a specific risk is realized within an agreed period of time.
The Kuwaiti legislature establishes legal provisions defining the definitions of insurance regulation, regulations on the practice of insurance, licensing and registration of insurance companies, regulations on the conduct of insurance or reinsurance activities, as well as insurance companies' financial obligations, and the effects of breaches of the conditions. The provisions of the Law on Insurance Regulation apply to various insurance activities such as: life insurance, fund-building operations, public and property insurance, and liability insurance; According to Kuwait Insurance Law 2019.
In order to preserve the rights of both individuals and insurance companies, Kuwaiti law has allocated and decided on clauses for complaints, complaints and adjudication; which require an expert Kuwaiti insurance law firm, to ensure that the necessary procedures are followed in the event of fraud by one of the parties; or to prevent this from happening.
Fire accidents and their consequences in Kuwait law
Fires occur unintentionally as a result of care or negligence, sometimes deliberately; in any case they cause serious harm to individuals or property, and the Kuwaiti Penal Code No. 16 of 1960 has therefore allocated detailed articles on deterrent penalties to anyone who causes arson intentionally or unintentionally, in order to preserve the lives of individuals and the safety of their property.
Penalties include intentional or unintentional placement of fire in haunted or uninhabited places, stacks of agricultural crops, warehouses, wells and warehouses; Whether these things are owned by him or others. These penalties include a fine and up to life imprisonment in the event that the arson results in the death of one or more individuals; In the case of unintentional fire, an individual shall be liable to imprisonment for a term exceeding one year with a fine, or either of these penalties; "without prejudice to a more severe penalty prescribed by law", in accordance with article 248 of the Kuwaiti Penal Code.
Here comes the role of the Kuwaiti burn injury lawyer who is an expert in the Kuwaiti Penal Code, to claim his client in case of arson or unintentional damage.
Maritime accidents and their consequences in accordance with Kuwaiti law
The marine salinity is of great importance to the State of Kuwait. Kuwait Maritime Act No. 28 of 1980 contains numerous articles for all maritime trade, accidents, disputes, or irregularities that may arise.
The term "ship collision" in Kuwaiti maritime law refers to physical collisions that may occur between two commercial vessels, a commercial vessel colliding with an internal salty vessel, a ship colliding with another moving object, or something fixed such as a pier or floating structure. Ship collisions result in human injuries or loss of life, loss of financial assets, and may have serious environmental consequences.
The collision occurs as a result of two situations; the first is force majeure "such as acts of justice, destiny or war", and the defendant must prove that he has taken all necessary measures to prevent damage under the circumstances of the incident.
The second case resulting in a collision is "questionable causes" when the existence of force majeure events cannot be established, the absence of an error from any ship or a common error caused by the accident.
The Kuwaiti maritime law firm specializing in such cases will provide the necessary support to its clients, to guarantee their rights or to deny them the charge; In particular, article 227 of the Kuwaiti Civil Code stipulates that: "Anyone who causes wrongful injury to another person shall be obliged to compensate him, whether the direct or causing injury".
In the end, ILG reminds you that the aforementioned laws that regulate everything related to accidents and injuries in Kuwait, aim to protect the individual, whether he is a plaintiff or defendant; Accordingly, the group provides a team of qualified Kuwaiti accident lawyers, to assist individuals and citizens with the issues that we have summarized in this article; From medical errors, traffic accidents or injuries, fire accidents, marine accidents, and other insurance cases in Kuwait as well.
