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  |      |      |   The Message of Islam:

Technical Errors:

These are the errors in which  the medical doctor encroaches upon the basic technical principles, which are compulsory on every medical doctor to have knowledge about during medical work , whether they are knowledge affirmed in the past or new invented knowledge, and these are based on two conditions:

1.   1-  It should originate from the regarded body.

2.    2-  Its efficiency and suitability should by testified to by experts.


In short, technical erring is the deviation  from the fundamental principles established for the medical profession and its professionals when practicing it.

These errors  are divided into two; diagnosis error and error in performance.


The error which calls for charges must be a heinous error which does not accept technical debate nor differed opinions. And this is does not happen only as a result of ignorance or negligence, and recklessness.


 The obscene error is the one which cannot be happened to a medical doctor or a surgeon . If the medicative doctor  did what is supposed to be done by intermediate doctor in the same profession, and the level in the same circumstances, indeed this attitude does not regarded as an error.


Imam Shaffiy (May Allah be  pleased with him) said : if someone commanded a person to cupper him or circumcise his child or treat his animal and they harmed as a result of this, if he did what he is likely to  be done by somebody else like him provided that the treatment is useful for the treated object there is no any charge on him but if he did what cannot be done by someone else who intends good in the same profession, he is responsible for charge, as long as he knows.


Proof Eligibility


The judge depends on the Islamic proofed evidences to prove the motive of the responsibility, and among them are:


1.   1-  Confession: This is the strongest proof. Confession is a complete evidence, the judge pronouns the verdict depending on it even if the person retreated from his confession or disowned it, once it has to do with right of the son of Adam.


2.    2- Witness: like witness of another doctor  or  a nurse or witness of  assistance person on a particular operation, so when the witness is based on a particular happened event , it is supposed to have the same conditions set for general confirmation. But the witness on dereliction of procedures or violation of scientific principles, this is not acceptable except if it raises from a specialists and proficient.


3.   3-  Linear and reported documents present in the hospitals records with condition that the documents has a special protection and to keep them from tampering.




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