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Fatwa CenterConsidering suing a doctor for his mistake
Question
My wife just gave birth to our child about one month ago. There was a mistake committed by the doctor that is causing my wife to go through another surgery because of what the doctor did. Would it be Halal for us to take the doctor to court and ask for some kind of compensation?
Please send the fatwa in English so I can review it in my computer.
Thank you for your help.
Answer
Praise be to Allah, the Lord of the Worlds; and may His blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.
The mistake of a doctor in his profession has three possibilities.
A. The doctor does not know his profession.
B. He is perfect and experienced, but made mistake and caused harm to the patient.
C. He is experienced, perfect, and tried his best to serve the patient but, unintentionally he caused harm to the patient.
In the first case, a doctor is responsible for the harm he causes and he commits a great sin. Amr Bin Shuaib reported from his grand father that the Prophet (Sallallahu Alaihi wa Sallam) said: "Whoever gives medical treatment without having the knowledge of the profession is responsible (for the harm he caused). (Reported by Ibn Majah and Al-Hakim in his book Al-Mustadrak)
In the second case, he is free from sin but has to bear the harm that occurs due to his mistake. Ibn Qudama said: "If a doctor is experienced but makes mistakes, for example, he cuts off glands during circumcision, or cuts more than the limits that should be circumcised or he circumcised at an unsuitable time etc.In such matters, the doctor is that should be responsible for his mistakes."
In the third case, the doctor is not responsible for what happened and does not bear any sin.
Now you may decide your situation and act according to it, but do not forget the saying of Allah: "And to forego is nearer to At-Taqwa (piety, righteousness, etc.)". (Al-Baqarah 2:237)
Allah knows best.
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