A doctor performed a procedure on a woman whose child died in her womb, but the woman suffered complications; is she liable for anything in this regard?
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Fatwa number ( 16642 )
Q: I have been a doctor for 11 years, a specialist in gynecology and obstetrics, and my work has been successful, with no complications occurring for any of my patients. However, a pregnant patient was presented to me, and her fetus had died in her womb two months prior, and it was decided to remove it from the uterus. During the procedure, it was found that the fetus had ruptured and adhered to the uterus, which was weak. The procedure was completed, but the mother did not recover. She presented herself to the university hospital, where it was found that there was a hole in the uterus, despite the care and precision I exercised. The woman was treated in the hospital after her abdomen was opened and cleaned, but she was told that she would not be able to give birth naturally except by cesarean section (abdominal opening). Do I bear any sin or liability for compensation? And if this happens again to this woman, what should I do?
A: You bear no sin for what happened, because you performed the required treatment and you are a specialist in this field, and you have previously performed successful operations in it, as you mentioned, and praise be to Allah. If a skilled doctor performs treatment according to the established medical principles and harm or death befalls the patient as a result, the doctor bears no liability, because he is permitted to do so by the Shari'ah, and what results from what is permitted by the Shari'ah carries no guarantee of liability and no sin for the doctor. We see that you should rely on Allah and continue in this work to benefit the Muslims, and Allah will help you, along with our advice to you to be gentle and to verify the conditions of patients before performing treatment. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
If the patient is treated according to the established medical standards and the patient suffers harm or death as a result, the doctor owes nothing; for he is permitted to do so by the Shari'ah, and what follows from what is permitted by the Shari'ah carries no liability and no sin for the doctor. We see that you should rely on Allah and continue in this work for the benefit of the Muslims, and Allah will help you, along with the advice to you to be gentle and to verify the conditions of the patients before performing treatment. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I have been a doctor for 11 years, a specialist in gynecology and obstetrics, and my work has been successful, with no complications occurring for any of my patients. However, a pregnant patient was presented to me, and her fetus had died in her womb two months prior, and it was decided to remove it from the uterus. During the procedure, it was found that the fetus had ruptured and adhered to the uterus, which was weak. The procedure was completed, but the mother did not recover. She presented herself to the university hospital, where it was found that there was a hole in the uterus, despite the care and precision I exercised. The woman was treated in the hospital after her abdomen was opened and cleaned, but she was told that she would not be able to give birth naturally except by cesarean section (abdominal opening). Do I bear any sin or liability for compensation? And if this happens again to this woman, what should I do?
A: You bear no sin for what happened, because you performed the required treatment and you are a specialist in this field, and you have previously performed successful operations in it, as you mentioned, and praise be to Allah. If a skilled doctor performs treatment according to the established medical principles and harm or death befalls the patient as a result, the doctor bears no liability, because he is permitted to do so by the Shari'ah, and what results from what is permitted by the Shari'ah carries no guarantee of liability and no sin for the doctor. We see that you should rely on Allah and continue in this work to benefit the Muslims, and Allah will help you, along with our advice to you to be gentle and to verify the conditions of patients before performing treatment. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
If the patient is treated according to the established medical standards and the patient suffers harm or death as a result, the doctor owes nothing; for he is permitted to do so by the Shari'ah, and what follows from what is permitted by the Shari'ah carries no liability and no sin for the doctor. We see that you should rely on Allah and continue in this work for the benefit of the Muslims, and Allah will help you, along with the advice to you to be gentle and to verify the conditions of the patients before performing treatment. 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.