What should doctors do if they negligently caused a patient to die

Fatwa ID: 01736

Answered by Mufti Mohammed Tosir Miah

Question:

What should doctors do if they negligently caused a patient to die
 

 Answer:

Bismillah

The Shariah rule for any death resulting from negligence of a doctor is deemed to be an unintentional killing (Qatl Khata). The doctor has to pay compensation (diyah) to the inheritors of the deceased, either on his own or with the help of his family. The doctor has to atone for the killing by fasting for two consecutive months. (Mukhtasar Quduuri p.184 – p.185)

After analysing and reading the question you forwarded to us, we can derive that you were in no way at fault or responsible for the death of this woman. We firstly need to ascertain what caused the death of the woman. If it was a natural consequence of an inherently dangerous operation, then the doctor is not liable. If it was due to negligence then it will be the doctors who were treating her on the ward who should look at themselves and not you.

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham

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