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Kuwaiti Woman Wins KD 78,000 In Her Fight For Justice
In its decision, the Court of Cassation ordered the Ministry of Health, the undersecretary of the Ministry of Health, and the director of the Department of Overseas Treatment to pay KD 78,000 to a Kuwaiti woman, thereby annulling the appealed decision. Lawyer Nour Bin Haider explained in her case file that her client was surprised to discover she had a lung clot while undergoing treatment in America. Shortly after, she fell into a coma, and her medical benefits were suspended, even though her treatment had not been completed.
Her treating physician recommended that she not return to Kuwait due to the severity of her medical condition. Having failed to resolve her medical problems with the Washington health office, she was forced to pay for her treatment and the expenses of those accompanying her until she returned to Kuwait, one year after the decision to suspend her medical benefits had been made.
In addition to the USD 70,000 disbursed for the treatment bills, the Supreme Medical Committee for Overseas Treatment refused to compensate the plaintiff for the other expenses for herself and her companions. To determine whether to extend the period of her treatment, Nour Bin Haider presented a portfolio of documents, including doctor's reports and correspondence, to the court, but this portfolio was not presented to the concerned medical committee. KD 78,000 had been awarded to the plaintiff by the court.
The ruling was overturned by the Court of Appeals. Lawyer Nour Bin Haider adhered to the experts' report during the court session at the Court of Cassation that her client was entitled to a sum of KD 78,000, including KD 200 per day for 13 months on the recommendation of the treating doctor, which is why the Court of Cassation determined that the plaintiff was entitled to a sum of KD 78,000.
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