Is a person who dies during a surgical operation due to anesthesia or a doctor's error considered a martyr, and what is required of the doctor whose actions caused the death?

The questioner : Is a person who dies during a surgical operation due to anesthesia or a doctor's error considered a martyr, and what is required of the doctor under whose care or due to whose actions the death occurred?

The Shaykh : This person is not considered a martyr because this death occurred by his own choice and through his own action, even if he did not intend it. However, he is not like one who dies in a fire, one who drowns, or one who dies in a collapse or the like, because those who died from such causes did not have those deaths arise from their own actions.
As for the doctor who treated him, if the doctor was skilled and this death was due to the operation itself without any error on the doctor's part, then he owes nothing. However, if it was due to an error on his part, or if he was not skilled, then he is liable for compensation. This is because if he was not skilled, he transgressed, as it is not permissible for anyone to practice medicine on a person without knowing medicine. And if it was due to an error on his part, the destruction of wealth and lives does not require intent for liability. For this reason, Allah the Exalted said: . This is different from the case where one dies from the operation itself; if the operation was performed by a skilled person knowledgeable in surgery, with no error and no transgression, then the doctor is not liable in this case.