Does anything — blood money or expiation — become obligatory upon me due to the death of the patient whom I injected with calcium to treat a severe deficiency thereof, especially since I am aware that it could cause him a heart attack, and I am currently unable to reach his family?
If the patient gives permission to the skillful physician, and the physician practices his profession rightfully without exceeding his bounds, there is no liability upon him by consensus, because his action is legally authorized. The cases of physicians, and who is liable among them and who is not, are divided into five categories:
1. A skillful physician whose hand did not exceed its bounds, and whose action caused damage to an organ or the patient's life: There is no liability upon him, as this falls under the consequences of an authorized act. 2. An ignorant quack who administered treatment: If the patient was aware of his ignorance and gave him permission, there is no liability on the physician. If the patient assumed he was a skillful physician and gave permission based on that assumption, the physician is liable for what his hand caused. 3. A skillful physician whose hand erred and trespassed upon a healthy organ, damaging it: The physician is liable, because it is an accidental offense. If the offense necessitates one-third of the blood money or more, it is borne by his aqilah (male agnatic relatives). 4. A skillful physician who exercised ijtihad and prescribed medicine, but erred in his ijtihad, causing the patient's death: This falls under two narrations: that the blood money is paid from the public treasury (Bayt al-Mal), or by the physician's aqilah. 5. A skillful physician who performed a surgical operation (e.g., excising a tumor) without the permission of the adult patient, or the guardian of a minor or an insane person, resulting in damage to an organ or the patient's death: He is liable, because it resulted from an unauthorized act.
The determination of whether the physician chose the appropriate medicine in terms of quantity and method is referred to specialized physicians. If three trustworthy physicians agree that the physician's action was appropriate, there is no liability, blood money, or expiation upon him.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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