What must a dentist do after mistakenly extracting a tooth from a young female patient due to a wrong diagnosis from another doctor? Is he solely to blame, and who bears the responsibility for paying the compensation and its value, and how is it delivered to the patient's family?
There is no sin upon you if the doubt occurred after the completion of the treatment, due to the Almighty's saying: ﴿And there is no blame upon you for that in which you have erred, but [only for] what your hearts intended. And ever is Allah Forgiving and Merciful.﴾
However, the blood money for the tooth is incumbent upon you, which is five camels. If the tooth returned to its original state, the scholars have differed regarding the obligation of the blood money. The view of the Hanafis, Malikis, and Shafi'is is that it is obligatory. If the family of the girl or her heirs cannot be identified, you should give the blood money as charity on their behalf, based on the of the man who took from the war booty and gave it as charity on behalf of the army.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/138640
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 138640
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy