Mahmoud Sabry Hatab – GC Powerlist
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Kuwait 2025

Healthcare

Mahmoud Sabry Hatab

Legal director | Dar Al Shifa Hospital

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Kuwait 2025

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Mahmoud Sabry Hatab

Legal director | Dar Al Shifa Hospital

What are the major cases or transactions you have been involved in recently?

One of the most significant transactions I recently led was the successful settlement of a long-standing dispute with a major insurance company that had stopped paying Dar Al Shifa Hospital’s receivables.

This agreement not only protected the hospital’s cash flow but also restored trust in a critical business relationship. In parallel, I conducted a comprehensive review of all pending medical malpractice cases, analysing trends in errors, claimed damages, awarded compensation, and insurance coverage limits. Based on this data, I renegotiated and amended our medical malpractice insurance policy. The revised policy included coverage for cerebral palsy, previously excluded, and increased coverage limits in line with recent court awards. This proactive approach ensured that the hospital’s risk exposure was reduced, patients’ rights were safeguarded, and the institution remained financially resilient against high-value claims.

How do you approach managing legal aspects during periods of instability or crises, and how does your legal strategy align with the broader business strategy to ensure the organisation’s resilience?

A recent example that tested our resilience was the sudden cancellation of the national health insurance program Afya, which accounted for nearly 60–70% of private hospitals’ revenues in Kuwait. The impact was immediate and severe, requiring a proactive legal and business response.

I began with a rapid assessment of the legal and financial risks arising from the program’s termination. To mitigate these risks, I developed alternative strategies, including contracting with new private insurance companies, negotiating agreements with embassies, associations, and organisations to refer their members to our hospital in exchange for tailored discounts, and diversifying our patient base beyond reliance on Afya.

Throughout the crisis, I maintained continuous communication with senior management, providing legal analysis of proposed decisions and ensuring that strategic choices complied with applicable regulations while minimising exposure. At the same time, I aligned the legal strategy with the hospital’s broader business objectives: preserving financial stability, maintaining service continuity, and ensuring compliance with Ministry of Health regulations.

Recognising the need to attract new patients, I reviewed all marketing campaigns and identified non-compliant content that risked regulatory penalties. I then trained the marketing, medical administration, executive, and customer service teams on advertising restrictions and established an internal policy to govern medical advertising. This not only reduced compliance risks but also reinforced trust and transparency in the hospital’s public communications.

What factors influence your team’s decision to use external legal services versus handling matters in-house, and what criteria are used to evaluate their performance?

As a principle, I seek to handle the majority of legal work in-house, ensuring that the legal team remains closely integrated with the hospital’s operations and business objectives. However, external counsel are engaged when matters require specialised expertise or direct representation before the courts, particularly in highly complex disputes, cross-border transactions, or regulatory issues that demand niche knowledge.

When selecting and evaluating external advisers, I apply clear criteria: demonstrated subject-matter expertise, quality and practicality of advice, responsiveness, cost-efficiency, and, above all, the ability to add strategic value beyond routine legal analysis. I view external counsel not simply as service providers but as strategic partners who must contribute both to mitigating risks and enabling the business to move forward confidently.

What emerging technologies do you see as having the most significant impact on the legal profession in the near future, and how do you stay updated on these developments?

I believe that artificial intelligence will have the most profound impact on the legal profession in the near future. AI tools already enhance contract analysis, accelerate legal research, and support predictive risk assessment, allowing legal teams to operate more efficiently and strategically.

In addition, the development of specialised legal databases – particularly those tailored to local jurisdictions – will transform accessibility to laws and precedents. For example, I have been actively involved in creating a digital platform that consolidates Kuwait’s legislation and Court of Cassation rulings to support lawyers and consultants in their daily practice.

To stay current, I continuously monitor international legal technology developments, attend professional seminars, and integrate practical innovations into daily workflows. This ensures that the legal function not only keeps pace with change but also drives efficiency and innovation within the organisation.

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