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The impact of affirmation

The error or flaw which usually occurs from a medical doctor can either  be a purely bylaw  error which has no relation to the sick, such as the practice of medical work without a license and this returns to the general law and its punishment is fixed by the medical practicing regulation and it can be checked.

 

The second type which is the special law and regulation, and it includes four compulsory charges, namely

1.    The fact that the doctor is not qualified.

2.    Violation of the doctor of the fundamental knowledge.

3.    Being an illegal doctor who was not authorized.

But if the patient permitted the doctor to conduct a certain operation intending cure or relieve from the sickness, and the doctor conducted such operation according to the fundamental medical knowledge and consequently, there is a damage of a part of the body or death of the patient, the doctor has no responsibility of repayment according to the concluded opinion of the scholars.

Among the causes of compulsory repayment of damages is deliberate perpetration of a crime and in this it should not be said that, it occurred by God's decree without repayment, because it was intentionally done the doctor. Among the examples of this is the case reported to the Islamic medical committee where the prosecutor said: my wife was usually felled bitter pain due to the presence of gallstone in her, she then went for a hospital checkup, and after conducting every necessary test, then she was asked to come for a medical operation in the following day, the operation was carried out with the means of modern microscope, but the  doctors have erred in cholecystolithotripsy and caused the cut of arteries of her abdomen and then she undergo a laparotomy operation which leads to a loss of about 80% of her blood. And because of that, she was taken into intensive care and she then passed away at last. What happened to my wife was as a result of negligence and ignorance about work. Due to that, I want a verdict passed against such doctor that caused my wife’s death to pay blood money (Diyya) or undergo all administrative punishment.

 

After thorough researching on the prosecutor's complaint and the defendant. And due to the content of the case file where the prosecutor has decided for diya (blood money), because the patient's death occurred due to the loss of blood during the operation where the flop happened in blood pressure while inserting a needle by the doctor. As another flop also happened while the other doctor punched the arteries and vein.

 

Therefore the Islamic medical committee established the repayment of diya (blood money) by the defendants to the prosecutors and the amount is 500000 Riyals. And this is because the doctors did not explore the abdomen in an appropriate way which resulted in the inability to discover the severity of the bleeding, which caused the patient to suffer severe shock which finally led to her death. As it turns out that the doctors were not good enough with experience in laparoscopic surgery.

 

 

 

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