What is the ruling on the error of a newly graduated doctor without intent?
Machine translationRead the Arabic original
Question:
What is the ruling in the Shari'ah regarding the error of a newly graduated doctor with little experience, where the error was not intentional?
Answer:
If he has not yet mastered medicine, he is liable. But if he has mastered it and holds the certificate that qualifies him for it, he is not liable if he exercised due diligence. The Prophet (peace and blessings be upon him) said:Bulugh al-Maram 9:27.
As for one who is known for his medical expertise: he has graduated, he knows these matters, and it has been attested that he is proficient in them, and he approached them with insight, but then made a mistake; he is not liable.
What is the ruling in the Shari'ah regarding the error of a newly graduated doctor with little experience, where the error was not intentional?
Answer:
If he has not yet mastered medicine, he is liable. But if he has mastered it and holds the certificate that qualifies him for it, he is not liable if he exercised due diligence. The Prophet (peace and blessings be upon him) said:
Anyone who practices medicine but is not known as a practitioner, and kills a human being or inflicts harm on him, will be held responsible.
مَن تطبّب ولم يكن بالطبِّ معروفًا، فأصاب نفسًا وما دونها فهو ضامنٌAs for one who is known for his medical expertise: he has graduated, he knows these matters, and it has been attested that he is proficient in them, and he approached them with insight, but then made a mistake; he is not liable.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.