KCC 301/2017

This case involved evidence used to claim medical negligence of a hospital. A key point was that a report by the coroner could not be used as evidence in this case.

Background

A claimant filed a case against a hospital before the court. He requested the court to order the hospital to pay compensation of 30000 Dinars. He said that his son had been injured and that he had surgery in the hospital. He said that his son had suffered neglect and his medical condition had deteriorated.

The court dismissed the case.

The claimant appealed the ruling before the court of appeal. The court dismissed the appealed ruling and ruled that the hospital should pay compensation of 30000 Dinars.

The hospital appealed the ruling before the court of cassation. The hospital said in its grounds of appeal that the ruling had erred in the application of law and had insufficient evidence of causation. The hospital said that the court had established the ruling based on the report of coroner although the report could not be considered evidence of the hospital’s mistake. The hospital said that the report did not prove the mistake made by the doctors.

Decision