Is it permissible to file a lawsuit seeking compensation against a doctor whose diagnostic error led to physical complications, considering that there is currently no direct financial harm, but there are physical and moral damages, and a potential for future financial harm? And is the amount obtained from the compensation permissible, knowing that it will be divided among the insurance company, the lawyer, and the patient?
The physician is liable for any damage or harm resulting from their diagnostic error. This includes treatment costs, the blood money (diyya) for the damaged organ, or an estimated compensation for it. If the physician's error leads to damage to the heart valve and respiratory system, they are liable for the costs of its treatment and repair, and compensation for the weakened heart muscle. The estimation of this compensation is referred to experts. If an insurance company covers the treatment costs and this leads to refraining from filing a lawsuit against the physician, then that is better.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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