What is the ruling on concluding a contract between a doctor and a patient before an operation, in which the patient waives his right if damage occurs, God forbid?
Machine translationRead the Arabic original
The questioner:
Honorable Shaykh, may Allah grant you success, he says: What is the ruling on what some doctors do today before a patient enters for an operation?
The Shaykh:
What is the ruling?
The questioner:
What is the ruling on what some doctors do before a patient enters for an operation? They conclude a contract with him in which he waives his right if damage occurs to him, God forbid? He says: What is the ruling on that?
The Shaykh:
Yes. Muslims are bound by their conditions. So if they stipulate that they are not liable if damage occurs to him without negligence, as for negligence, that is guaranteed. But if damage occurs to him without negligence, they are not liable for it. Did you get this recently? The doctor is not liable for what his hand does if it is done in the known manner. And were it not for this, doctors would not work. Yes.
Honorable Shaykh, may Allah grant you success, he says: What is the ruling on what some doctors do today before a patient enters for an operation?
The Shaykh:
What is the ruling?
The questioner:
What is the ruling on what some doctors do before a patient enters for an operation? They conclude a contract with him in which he waives his right if damage occurs to him, God forbid? He says: What is the ruling on that?
The Shaykh:
Yes. Muslims are bound by their conditions. So if they stipulate that they are not liable if damage occurs to him without negligence, as for negligence, that is guaranteed. But if damage occurs to him without negligence, they are not liable for it. Did you get this recently? The doctor is not liable for what his hand does if it is done in the known manner. And were it not for this, doctors would not work. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، [1930 -3022]ما حكم إجراء عقد بين الطبيب والمريض قبل العملية بالتنازل عن حقه إذا حصل تلف لا سمح الله؟ — youtube.com
The Arabic text is a machine transcription of the audio recording.
