Medical error and the role of the medical responsibility body in proving such: In accordance with the provisions of Law 70 of 2020

The Kuwaiti legislator did not provide a specific definition of medical error, or a specification for the types of medical errors, but rather set a general criterion. Deviating from this criteria represents an error that entails medical liability, according to the general standard of tort liability stipulated in the Kuwaiti Civil Law. This presents certain difficulties when trying to prove medical error that leads to civil liability. However, the legislator has done well by establishing a medical liability body, which is considered at the heart of its competence to search for a report proving medical errors. The medical profession is like other professions that are prone to errors, despite the remarkable development it has witnessed through the development of technology. Thus, proving a medical error is more difficult than in other professions because of the special nature of the medical profession and the interference of the diseased condition of the victim with the procedures that may be implemented by the doctor. Evaluating the occurrence of a medical error is a relative process that differs from one case to another, subject to the functional and technical level of the treating physician, the health condition of the injured patient, and the capabilities of the health facility. By enacting Law 70 of 2020, the Kuwaiti legislator introduced a number of rules related to the statute of limitations for medical liability, and those related to unifying the authority concerned with proving the occurrence of a medical error, as well as addressing some issues related to medical errors. In this research, we try to explain: what is a medical error and the methods of proving it, and to clarify the position of the Kuwaiti legislator and the direction of the Kuwaiti judiciary when it reports a medical error, by addressing the concept of medical error to know its specificities and types, (the first topic), then we deal in (the second topic) instances of medical errors, Then we show some of the competencies granted by Law No. 70/2020 regarding the practice of the medical profession and its auxiliary professions, and the rights of patients and health facilities to the medical liability apparatus in proving medical error, and the prescription of a medical liability lawsuit (the third topic).