The doctor's collusion with laboratory owners
Machine translationRead the Arabic original
Fatwa number ( 8739 )
Q: Many doctors in private clinics deal with laboratory owners for medical tests as follows: The doctor refers his patients who need medical tests to a specific private laboratory. There is a prior agreement between the doctor and the laboratory owner that the doctor will receive a certain percentage, which sometimes reaches 50% of the value of the test fees charged by the laboratory owner to the patient. This amount is fixed by a set price list from the Ministry of Health, and the laboratory owner is not allowed to exceed it, nor does he actually exceed it. Rather, he pays this percentage to the doctor from his own right, which he receives as a fee from the patient. In this case, the patient is not affected, because the laboratory owner is the one who waived his right to a portion of the fee.
1 - Is there any sin or prohibition for the laboratory owner in this? 2 - And if the doctor requests tests that are not necessary for the patient in order to increase his percentage, without the laboratory owner's knowledge and without a prior agreement on this, and in fact the laboratory owner disclaims to Allah from this, and he does not know what is in the doctor's mind; he only performs the tests requested by the doctor, considering that he is requesting the necessary tests for the patient, and he performs his work with sincerity and precision, fearing Allah in perfecting his work. Is there any prohibition for the laboratory owner in this? And if you were to ask me: "Since you know that these tests are not necessary, why did you not refrain from performing them?" I would say to you: "I do not know that they are not necessary. The doctor is the one who diagnoses and requests the necessary tests, and Allah knows his secret and what is in his mind. I only asked this question because some people confront me with it. Does the sin transfer to my responsibility?"
A: First: If the reality is as mentioned, regarding the prior agreement between the doctor in his private clinic and the laboratory owner to refer the doctor's patients to the laboratory owner for tests, on the condition that the doctor receives a percentage of the test fee, then this is not permissible for both parties, due to the favoritism and the restriction imposed on other laboratory owners. However, if the owner of this laboratory has a distinct advantage over others in terms of truthfulness, trustworthiness, and excellence in testing,
then it is permissible to exclusively refer patients to him, due to the additional benefit for the patient and the assistance to the doctor in perfecting the treatment. But it is not permissible for the doctor to take a percentage of the test fee from the laboratory owner, because that is taking money without a counter-value. Second: If the laboratory owner knows that the doctor requested tests that are not necessary for the patient in order to increase the percentage he takes, it is not permissible for him to perform these tests, due to the cooperation with him in deceiving the patient and consuming his money unlawfully. He should advise the doctor, hoping that he will repent from that, and that the three parties will be safe. But if the laboratory owner does not know about it, there is no sin on him for performing those tests. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his companions.
Q: Many doctors in private clinics deal with laboratory owners for medical tests as follows: The doctor refers his patients who need medical tests to a specific private laboratory. There is a prior agreement between the doctor and the laboratory owner that the doctor will receive a certain percentage, which sometimes reaches 50% of the value of the test fees charged by the laboratory owner to the patient. This amount is fixed by a set price list from the Ministry of Health, and the laboratory owner is not allowed to exceed it, nor does he actually exceed it. Rather, he pays this percentage to the doctor from his own right, which he receives as a fee from the patient. In this case, the patient is not affected, because the laboratory owner is the one who waived his right to a portion of the fee.
1 - Is there any sin or prohibition for the laboratory owner in this? 2 - And if the doctor requests tests that are not necessary for the patient in order to increase his percentage, without the laboratory owner's knowledge and without a prior agreement on this, and in fact the laboratory owner disclaims to Allah from this, and he does not know what is in the doctor's mind; he only performs the tests requested by the doctor, considering that he is requesting the necessary tests for the patient, and he performs his work with sincerity and precision, fearing Allah in perfecting his work. Is there any prohibition for the laboratory owner in this? And if you were to ask me: "Since you know that these tests are not necessary, why did you not refrain from performing them?" I would say to you: "I do not know that they are not necessary. The doctor is the one who diagnoses and requests the necessary tests, and Allah knows his secret and what is in his mind. I only asked this question because some people confront me with it. Does the sin transfer to my responsibility?"
A: First: If the reality is as mentioned, regarding the prior agreement between the doctor in his private clinic and the laboratory owner to refer the doctor's patients to the laboratory owner for tests, on the condition that the doctor receives a percentage of the test fee, then this is not permissible for both parties, due to the favoritism and the restriction imposed on other laboratory owners. However, if the owner of this laboratory has a distinct advantage over others in terms of truthfulness, trustworthiness, and excellence in testing,
then it is permissible to exclusively refer patients to him, due to the additional benefit for the patient and the assistance to the doctor in perfecting the treatment. But it is not permissible for the doctor to take a percentage of the test fee from the laboratory owner, because that is taking money without a counter-value. Second: If the laboratory owner knows that the doctor requested tests that are not necessary for the patient in order to increase the percentage he takes, it is not permissible for him to perform these tests, due to the cooperation with him in deceiving the patient and consuming his money unlawfully. He should advise the doctor, hoping that he will repent from that, and that the three parties will be safe. But if the laboratory owner does not know about it, there is no sin on him for performing those tests. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.