The Ruling on a Doctor’s Error Despite Expertise and Exertion of Effort
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Question:
If a doctor exerts the utmost of his effort and does not neglect the treatment of the patient, but is not successful—that is, he errs in diagnosing the disease unintentionally, while exerting his utmost effort in doing so—is the doctor held accountable for an unintentional error, given that his exertion of effort is established?
Answer:
This requires a detailed explanation:
If he is a skilled doctor who has taken care of this disease, and he is one of its specialists in treatment, having mastered it and studied it, and is considered one of the experts in treatment, then he owes nothing if he errs. This is like a scholar who errs: if he is correct, he receives two rewards, and if he errs, he receives one reward—the reward for independent legal reasoning.
However, if he does not possess complete expertise in it, but he rushes into it without care, then he is liable and sinful. But if he is one of the specialists in treating this disease, yet it is decreed that he errs in its treatment, despite his independent legal reasoning and careful investigation, and given that he is an expert in treatment and in this specific disease, then there is no blame on him, if Allah wills. This is because the Messenger (peace and blessings be upon him) said:Bulugh al-Maram 9:27. However, if he is known for it and is one of its specialists, then he owes nothing after exerting his utmost effort, just like a scholar who exerts his utmost effort in issuing fatwas but errs.
If a doctor exerts the utmost of his effort and does not neglect the treatment of the patient, but is not successful—that is, he errs in diagnosing the disease unintentionally, while exerting his utmost effort in doing so—is the doctor held accountable for an unintentional error, given that his exertion of effort is established?
Answer:
This requires a detailed explanation:
If he is a skilled doctor who has taken care of this disease, and he is one of its specialists in treatment, having mastered it and studied it, and is considered one of the experts in treatment, then he owes nothing if he errs. This is like a scholar who errs: if he is correct, he receives two rewards, and if he errs, he receives one reward—the reward for independent legal reasoning.
However, if he does not possess complete expertise in it, but he rushes into it without care, then he is liable and sinful. But if he is one of the specialists in treating this disease, yet it is decreed that he errs in its treatment, despite his independent legal reasoning and careful investigation, and given that he is an expert in treatment and in this specific disease, then there is no blame on him, if Allah wills. This is because the Messenger (peace and blessings be upon him) said:
Anyone who practices medicine but is not known as a practitioner
مَن تَطَبَّب ولم يكن بالطبِّ معروفًا...
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
