What is the difference between accidental killing and unintentional medical error leading to death?
Accidental killing is what occurs without intending the act or the person. A skilled physician's error, without negligence or carelessness, does not incur liability. However, if an unintentional error leads to death, it is akin to accidental killing, for which the sin is lifted, but expiation and blood money are due.
Categories of physicians regarding organ damage: 1. A skilled physician whose hand errs and extends to a healthy organ, damaging it, is liable because it is an accidental crime. 2. A skilled physician who errs in their judgment and prescribes a medicine that kills the patient, their blood money is from the public treasury or on their 'aqilah (male agnatic relatives).
The expiation for an error is the freeing of a believing slave. If one cannot be found, then fasting for two consecutive months.
The blood money is on their 'aqilah or the public treasury and can be waived by the forgiveness of the heirs. As for expiation, it cannot be waived. Some contemporary scholars believe that the doctors' syndicate takes the place of the 'aqilah.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
Read the full answer on Ftawyhttps://ftawy.com/en/questions/104065