<Home> <Ethics> <Islamic Code of Medical Ethics> <Responsibility and Liability>

Responsibility and Liability

* The Practice of Medicine is lawful only to persons suitably educated, trained and qualified, fulfilling the criteria spelt out in the Law. A clear guidance is the Prophet's tradition: "Who-so-ever treats people without knowledge of medicine, becomes liable".

* With the availability of medical specialization, problem cases shall be referred to the relevant specialist. "Each one is better suited to cope with what he was meant for".

* In managing a medical case the Doctor shall do what he can to the best of his ability. If he does, without negligence, taking the measures and precautions expected from his equals then he is not to blame or punish even of the results were not satisfactory.

* The Doctor is the patient's agent on his body. The acceptance by the patient of a Doctor to treat him is considered an acceptance of any line of treatment the Doctor prescribes.

 * If treatment entails surgical interference the initial acceptance referred to should be documented in writing, for the sake of protecting the Doctor against possible eventualities. If the patient declines or refuses the Doctor's prescribed plan of treatment, this refusal should also be documented by writing, witnesses ,or patient's signature as the situation warrants or permits.

* When fear is the obstacle preventing the patient from consent, the Doctor may help his patient with a medicine such as a tranquilliser to free his patient from fear but without abolishing or suppressing his consciousness, so that the patient is able to make his choice in calmness and tranquillity. By far the best method to achieve this is the poise of the Doctor himself and his personality, kindness," patience and the proper use of the spoken word.

* In situations where urgent and immediate surgical or other interference is necessary to save life, the Doctor should go ahead according to the Islamic rule' 'necessities override prohibitions'. His position shall be safe and secure whatever the result achieved, on condition that he has followed established medical methodology in a correct way. The "bad" inherent in not saving the patient outweighs the presumptive 'good' in leaving him to his self-destructive decision. The Islamic rule proclaims that "warding off" the 'bad' takes priority over bringing about the' good'.

The Prophetic guidance is "Help your brother when he is right and when he is wrong". When concurring with helping a brother if right but surprised at helping him when wrong, the Prophet answered his companions: "Forbid him from being wrong. .for this is the help he is in need of".

"In conclusion, the basic religious criteria protecting the Medical Practitioner / are 1) Recognized certification 2) Acceptance of the Doctor by his patient 3) Good faith on part of the Doctor and sole aim of curing his patient 4) Absence of unacceptable fault as defined by medical by laws.