Is blood money obligatory upon a doctor who performed surgery on a patient in a remote area using an unproven medication in such cases, which led to the patient's death due to internal bleeding, in light of the unavailability of specialists?
Attempting to save a patient's hand from amputation is desirable, but it should not come at the expense of their life. If the medication could cause fatal bleeding, its use must be restricted to permissible cases only. If specialist doctors determine that dispensing the medication to the patient is a medical error, the doctor is responsible for the resulting harm and is liable for it even if they are not sinful. In the event that involuntary manslaughter is proven, expiation is required by fasting for two consecutive months. The blood money (Diyya) is waived if the deceased's guardians pardon, otherwise, it becomes obligatory upon the doctor's 'Aqila (paternal kin).
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 180331
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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- Read the full answer on Ftawy