Is a doctor liable if a patient dies from medication or surgery?

The questioner : I am an anesthesiologist at a general hospital, which receives all critical cases within twenty-four hours, and there is a percentage in international medical books and records based on international reports

The Shaykh : Yes.

The questioner : of deaths resulting from anesthesia despite all the precautions taken for these cases, and there are attempts to narrow down these issues within operating rooms to save the patient, yet death still occurs in very rare cases. Are these cases considered accidental killing? And if it is accidental killing, does it require the blood money mentioned in the verse?

The Shaykh : Yes, if the doctor is skilled and administered the medication with the patient’s order and consent, and the patient died as a result, then the doctor is not liable. Why? Because he was skilled, he exerted effort, and he did what was required of him, so he is not liable. However, if he is not skilled, meaning he has no knowledge of medicine but wants to practice on this person, then he has committed a sin, and the blood money is obligatory upon him, and expiation is also obligatory upon him. It is not permissible for a doctor to practice on the bodies of human beings; rather, if he practices, he should practice on the bodies of other animals whose composition is similar to that of humans. Yes.

The questioner : A case where the patient is not conscious; the patient is in a state of awareness.

The Shaykh : If it is not possible to obtain the patient’s consent because he has lost consciousness, he exerts his own judgment. So, if he sees that it is in the interest to perform the surgery, he performs it.