Fatwa #141455 April 2006Canada
im a doctor and i want to ask about if i make a mistake that leads to the death of a patient .. is it considered as killing by mistake ? ... or just a professional mistake
Question
what i want to ask that if i caused the death of a patient - by mistake - do i need to pay fedia anf fast for tow consequent months ? .. or it is enough to take the punishment stated by law ... insurance and such stuff ?
Answer
A medical doctor and his services fall in the category of Ijaarah (hiring) in Shari’ah. A patient hires the services of a medical doctor. The general principle regarding a hired person is that he is an Ameen (a trusted person). It is expected of him to carry out his services with honesty and trustworthiness. If he makes a pure human mistake and the patient dies, then the doctor will not be sinful.
However, he will have to pay a diyat (blood money) of 100 camels or 1000 Dinars (gold coins) or 10,0000 Dirhams (silver coins) in an Islamic country upon the order of the Qadhi.
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai