KCC 615/2010

This case involved a request for temporary compensation for medical negligence. The key issue was that the ruling was illegal as not all the judges who had heard the pleading had participated in issuing the ruling.

Background

A claimant filed a case against defendants and requested the court to order the defendants to pay them temporary compensation of 5001 Dinars for medical mistakes.

The court rejected the case.

The claimant appealed the ruling before the court of appeal. The court upheld the appealed ruling.

The claimant appealed the ruling before the court of cassation.

Decision

The Public Prosecution argued that the appealed ruling was illegal because the board of judges which had listened to the pleadings was different from the board that signed the draft of the ruling.

The court stated this argument was valid because one of the judges who listened to the pleadings had not participated in issuing the ruling and signing the draft.

The court repealed the ruling.