Islam

Islam

Wednesday 19 April 2017

Liability of doctor upon death of patient

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Question

If a patient dies due to the professional negligence of a doctor, is it considered murder, provided the doctor did not intend to kill the patient?

Answer

Any death resulting from the professional negligence of a doctor is deemed to be an unintentional killing. The doctor has to pay compensation (diyah) to the inheritors of the deceased, either on his own or with the help of his family. The doctor has to atone for the killing by either freeing a Muslim slave or by fasting two consecutive months. 

Allah says: “It is not for a believer to kill a believer unless (it be) by mistake. He who hath killed a believer by mistake must set free a believing slave, and pay the blood-money to the family of the slain, unless they remit it as a charity…And whoever has not the wherewithal (to free a slave) must fast two consecutive months, a penance from Allah. Allah is Knowing, Wise.” [Sûrah al-Nisâ’: 92] 

As for the death of a patient that is not a result of professional negligence, but is a natural consequence of an inherently dangerous operation or the seriousness of the patient's condition, then the doctor is not liable. 

And Allah knows best

-islamtoday.net

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