What are the responsibilities and penalties for unintentional and unforeseen medical errors, and are there penalties for doctors if the errors are irreparable?
The Prophetic states: "Whoever practices medicine without known expertise is a guarantor."
The physician is liable for any damage inflicted upon a soul or organs in the following cases:
1. The Intentional Aggressor: If the physician deliberately commits murder or amputates an organ with intent to harm. 2. The Ignorant Practitioner: If he practices medicine while ignorant of it, unless the patient was aware of his ignorance and consented. 3. The Skilled Physician Whose Hand Erred: If his hand damaged a healthy organ or the patient died due to his error. 4. The Skilled Physician Who Erred in Prescribing Medication: If his prescription damaged an organ or caused the patient's death. 5. The Skilled Physician Who Did What No Other Specialist Would Do: If he exceeded accepted boundaries or was negligent in diagnosis. 6. The Physician Who Treats Without the Consent of the Guardian or Patient and Causes Harm: If his treatment resulted in harm or death.
The physician is not liable if he is skilled and gave the craft its due, and his hand committed no transgression, yet his authorized action resulted in damage to an organ or a soul; because it is an authorized consequential damage.
Physicians must fear Allah, be diligent in diagnosis, cooperate with colleagues, declare any error if it occurs, and record it in the patient's file.
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