Is blood money (Diyya) or any other compensation obligatory upon a surgeon if an unintentional error on his part causes complications to the patient, such as wound infection?
Unintentional human error absolves the physician of sin, but he is held liable for the consequences of his mistake. The compensation is paid from his own wealth if its value is less than one-third of the blood money (diyya). If it reaches one-third of the blood money or more, it is paid from the public treasury (bayt al-mal) or by the physician's 'aqila (male agnates), though there is a difference of opinion on this. The value of the compensation varies depending on the nature of the harm; it could be for a life or a limb, or for harms for which there is no specific prescribed amount, and it may include medication costs. The courts are the reference for these matters.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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