KCC 1355/2011

This case involved personal injury caused by an incorrect diagnosis. The court had been wrong to say the elements of tort did not exist.

Background

A claimant filed a case against a company before the court. He requested the court to order the company to pay temporary compensation of 5001 Dinars. He said that the mistake made in diagnosing his medical case by a hospital was the responsibility ofthe company which caused damaged to him.

The court ruled that the company should pay the claimant the amount.

The company appealed the ruling before the court of appeal. The court dismissed the appealed ruling and dismissed the case.

The claimant appealed the ruling before the court of cassation. He said in his grounds of appeal that the appealed ruling had erred in the application of law. He said that the elements of the tort in the case of the company existed according to the conclusions of the coroner's report. He said that the report on the grounds of which the court established its ruling was invalid.

Decision