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Operation gone wrong … Kuwaiti patient paid KD 20,000 damages

KUWAIT CITY, March 23: The Court of First Instance ordered a dental and cosmetic clinic to pay KD20,000 compensation to a young Kuwaiti man who suffered from medical malpractice during a cosmetic dental procedure, which caused him physical and psychological harm, leading to the postponement of his wedding.

Case files indicate that the young man visited the clinic to have cosmetic dental veneers fitted to improve his smile before his wedding, for which he paid KD 7,000. However, shortly after the procedure, he began experiencing severe pain, inflammation, and extreme tooth sensitivity, forcing him to seek treatment at another medical center.

Medical reports issued by an independent medical committee stated that the dentist excessively filed down the enamel, reaching the tooth’s nerve. This resulted in inflammation, other health complications, and bacterial infection due to improper sealing of the veneers. The plaintiff presented medical bills proving he incurred enormous additional costs for repairs at a specialized center, in addition to the psychological and emotional damage he suffered, including the postponement of his wedding, low morale due to persistent pain, and loss of confidence in his smile.

Meanwhile, the clinic argued that the patient signed a consent form for the procedure, that allergic reactions after cosmetic veneers are possible, that the procedures were performed according to medical standards and that the patient failed to adhere to the aftercare instructions. Nevertheless, the court affirmed in its ruling that consent does not absolve one of responsibility in case of proven gross medical negligence, indicating that the medical committee’s report is one of the most important pieces of technical evidence establishing the occurrence of medical error and resulting harm. The court concluded that the elements of medical liability – error, harm and causation – are present and ordered the clinic to pay KD20,000 compensation to the plaintiff for the material and emotional damages he suffered.

 

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