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Example: 2

Summary of the case.

1 . A man took his wife for medical checkup on the 16/10/1417AH while she  was suffering from severe abdominal distension with a large tumor in the anal.

2 . The doctor diagnosed the patient with a means of telescope and detected that she was suffering from an inflamed hemorrhoids.

 

3 . The doctor carried out a surgical operation for hemorrhoids on her, and then she went to her house on that particular day of operation.

4 . The man took his wife to another hospital in another day and it became clear that she was suffering from cancer.

5 . Thereafter, She passed away.

6.  After her death, the man was demanding for a complete diya (blood money) for killing his wife, and repayment of what he spent in the process which is up to 80,000 Riyal in an attempt to treat her as a result of what happened to her from agitating the disease which then made it difficult to treat her.

 

After thorough researching on the prosecutor's complaint and the defendant, and in view of what the complainant’s file contained where the defendant did not take the medical history carried out for the patient very well and did not examined her completely. Also he carried out the operation quickly while there was nothing necessitating the quick surgical operation. However, what happened to the patient which later led to her death was not an immediate cause of the defendant or her death did not happen due to the operation carried out by the defendant but only caused by the nature of her sickness before the operation. 

Due to the aforesaid, the committee  established the cancellation of the license granted to the defendant and that his name should be removed from the list of the licensees to practice medical work and also established that no right for the prosecutor to claim any entitlement.

 

Example: 3

Summary of the case:

A woman and her husband went to a medical clinic to lodge the complaint about the lack of child-bearing. The doctor impressed that it might have been caused by one of these possibility reasons; (it might be an adenoids around her womb, or a functional uterine bleeding, or a complete abortion, or an incomplete abortion).

 

He therefore took the swab from the wall of her uterus by a Sherman spoon.  On doing that the woman got fluttered, and he then injected her in an attempt to relieve her from the pain. When he saw her condition got more worsen, he called for ambulance bus to transfer her to another hospital. Along the process, the woman died. Therefore, the prosecutor demanded for Islamic blood money (Diyah) for the inheritors of the deceased.

 

Thereafter, the Islamic medical committee studied the case's file and concluded the followings:

1     .The impression of the doctor about the causes of her lack of child bearing did not require the intervention at all, and such an intervention must be carried out in a hospital where the necessary sound rays are available with all necessary first aid.

2     .The use of Sherman spoon by the doctor to take the swab, where her  cervix was narrow in the more likely assumption which then led to the use of force to take the sample, which  resulted in shock and decline in the circulatory system of the woman which later led to her death.

3     .The doctor has no right to do such a treatment because it was not his area of specialization as said by reliable Muslim medical doctor on the case.

Therefore, the committee obliged the defendant to pay diya (blood money) to the inheritors of the deceased (prosecutors), and the amount was 50,000 Riyal.

And as for the doctor, the committee established the withdrawal of the license granted to him and that he should not be allowed to work as a medical doctor in the kingdom of Saudi Arabia anymore. 

 

This is the end of what I wanted to discuss about the topic in brief. May Allah guide us. May the peace and blessings of Allah be upon our Prophet Muhammad, his household and his companions.

 

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