Latest news with #CassationCourt


Arab Times
24-05-2025
- Politics
- Arab Times
Kuwaiti Woman Has Legal Right to Property Title
KUWAIT CITY, May 24: The Cassation Court has overturned previous rulings by both the Court of First Instance and the Court of Appeal, affirming that a Kuwaiti woman has the legal right to take all necessary steps to obtain a title deed for a disputed property, on equal terms with her ex-husband. In its ruling, the Court confirmed that documentation showed the property in question had been jointly allocated to both the appellant (the woman) and the first respondent (her former husband) in 2003. An official letter sent to the relevant authority at the time clearly stated that the title deed should be issued in the names of both spouses. Representing the appellant, Attorney Hawra Al-Habib argued that the respondent's refusal to proceed with the title issuance amounted to an abuse of legal rights. She maintained that the earlier rulings were flawed and requested that they be set aside. Al-Habib emphasized that marital status at the time of allocation is the key factor in determining co-ownership rights (regardless of any subsequent changes in the relationship), provided all legal conditions are met. She asserted that deviating from this principle undermines the legal framework for establishing ownership rights. The Court ultimately agreed, restoring the woman's equal entitlement to the property.


Arab Times
13-03-2025
- Arab Times
Kuwaiti Teacher Sentenced For Forging Medical Certificates To Secure Undue Salaries
KUWAIT CITY, Mar 14: The Cassation Court today upheld a seven-year prison sentence for a Kuwaiti teacher convicted of forging medical leave over eight years. In addition to the prison term, the court fined the teacher 100,000 dinars for allegedly receiving undue salaries and ordered her to repay double the amount in fines. The case revolves around the accused, who, during the period from February 27, 2017, to May 5, 2022, worked as a teacher under the Ministry of Education. During this time, she unlawfully seized 68,000 dinars from her employer by submitting 17 falsified medical recommendations, which she falsely attributed to the General Medical Council at the Ministry of Health. As a result of these forged documents, her employer granted her exceptional leave, enabling her to receive her monthly salaries without entitlement. She subsequently spent and appropriated these funds for her own use. The court found her guilty of committing forgery in official documents, acting in collusion with an unknown individual and with the assistance of public employees within her employer's organization.


Daily Tribune
31-01-2025
- Health
- Daily Tribune
Negligence cases mount, sparking calls for stricter regulation of weight-loss surgeries
Calls for stricter regulation of gastric bypass surgeries have intensified after a patient was left unable to eat or drink due to severe complications stemming from medical negligence during the procedure. In 2023, a young man had died from complications following a similar surgery. The case this year, heard by the Cassation Court, follows a series of troubling incidents, including the court's dismissal of a GCC doctor's appeal against a three-year prison sentence for his role in the death of a 29-year-old Bahraini man after a similar operation. Medical oversight in weightloss surgeries has been under scrutiny, with experts warning that lax enforcement of surgical protocols can lead to devastating consequences for patients. The latest case highlights critical gaps in safety standards, as a private hospital's attending physician failed to use a standard measuring tube during the procedure, an essential tool that ensures precision and reduces the risk of complications. The patient in the latest case, who had sought the surgery to improve her health, soon developed persistent nausea, vomiting, and a blockage at the gastric opening. Her condition deteriorated to the point that even a pen tip could not pass through the constricted area between her oesophagus and small intestine. 'I returned to the hospital to report my distress. Unfortunately, the doctor displayed a careless attitude and told me that everything would be fine. Therefore, I went back home,' she said. When her symptoms worsened, she filed a formal complaint, prompting an investigation by the Public Prosecution. A technical committee appointed by the National Health Regulatory Authority (NHRA) confirmed that the doctor had failed to follow standard surgical protocols, directly causing the patient's injuries. The Public Prosecution charged the doctor with medical negligence on January 14, 2019. The court sentenced him to six months in prison, imposed a BD200 bail for suspension of the sentence, and ordered his deportation. However, an appeal to the High Appeals Court resulted in the prison term being replaced with a BD200 fine. A further appeal was then made to the Court of Cassation. Fatal Oversight In June 2023, the Public Prosecution had charged two doctors in the death of the young Bahraini man who sought a similar medical operation to improve his body shape and quality of life. The case stemmed from a complaint filed by the deceased's father, alleging medical negligence by the doctors during the gastric sleeve surgery. Investigations into the case concluded that the surgical consultant performing the gastric sleeve surgery and the doctor supervising the patient's condition after the procedure were both responsible for the death. A technical committee on medical and ethical errors found that the surgical consultant had committed medical errors during the surgery and subsequent procedures, including delays in addressing the errors, negligence in monitoring the patient's condition, and failure to provide adequate care. The supervising doctor was also found to have violated medical protocols for intensive care unit management and failed to take necessary medical actions, which could have prevented the death. These cases highlight the urgent need for stricter regulations and oversight in weightloss surgeries to prevent further avoidable suffering and loss of life.