What are the limits of professional error in medicine?
Error in the medical profession is probable and possible. A physician is either ignorant of the profession's principles or skillful and proficient.
The first type, the ignorant one who claimed to practice medicine or treated a case outside their specialization, is liable for any damage or harm resulting from their treatment, based on the Prophet's (peace be upon him) saying: "Whoever practices medicine and was not known to have practiced medicine before, is liable." This includes both their errors and deliberate actions.
As for the skillful physician, their liability and non-liability are divided into categories: 1. If they applied the craft properly and did not err, yet damage or a defect resulted, they are not liable by the consensus of scholars. 2. If their hand erred and damaged a healthy organ, they are liable because it is an accidental offense. 3. If they exerted effort in prescribing medicine, and their effort was mistaken, leading to the damage of an organ or the patient's death, they are liable. 4. If they performed treatment or surgery without the patient's or their guardian's permission, they are liable for what occurs, because it is an unauthorized act.
The physician's liability often stems from their deviation from the principles of the profession, whether theoretically, practically, or both: 1. Deviation from theoretical scientific principles: such as prescribing a medication or performing a surgery that has been abrogated, and they are aware of this. 2. Deviation from practical scientific principles: such as performing a theoretically correct operation but erring in its application method. 3. Deviation from scientific principles theoretically and practically: such as performing surgery based on personal interpretations without observing established guidelines.
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