Medical Liability Limits and Estimated Blood Money for Fetus Death

Medical Liability Limits and Estimated Blood Money for Fetus Death

Medical Liability Limits and Estimated Blood Money for Fetus Death

Medical Liability Limits and Estimated Blood Money for Fetus Death

Medical Liability Limits and Estimated Blood Money for Fetus Death

In light of the research prepared by the Medical Error Liability Department at Mohamed Al Marzooqi Advocates and Consultancy Law Firm, and from the office experience in representing patients in many claims, doctors in some cases and medical service providers in other times, we find that rulings of the higher courts confirm that the doctor does not guarantee what he misses, except in case of negligence or ignorance. His liability is held when it is proven that he did not perform his surgical work with the required professional skill, or performed his work without taking precaution. It is an act based on uncertainty because the result is not certain at the treating time, and it is originally licit, as it is duty of the doctor and the rule says (duty is not restricted by safety condition). The duty of the doctor is to provide the required care not to achieve the result. Ibn Jazi Al-Maliki says in Al Qawanin Al- Fiqhiyyah, page 329 (similarly, a physician gives a drink to a patient or cauterizes him and the patient dies, the veterinarian throws the animal and it dies, the cupper circumcises the child or removes the molar and the person dies; no guarantee is required from them because this is a risk. This, if he does not make a mistake but if he makes a mistake, he shall pay the blood money- and if he is a professional, he will not be punished for his mistake). According to the Maliki Jurisprudence, the blood money is an original punishment and the blood money is obligatory for the fetus, which is known as (Al Gurrah), estimated as half a tenth of the full blood money in case of the still birth of the fetus. The judgment does not require the litigant’s request and the court is obligated to rule with this blood money. In case the fetus is born alive and then dies, the blood money for the male fetus is the blood money for the male adult, and the blood money for the female fetus is the blood money for the female adult, if it is proved that the fetus was born alive or Al Gurrah if it is proved that the fetus was born dead. The various commentaries of Khalil can be reviewed when he said (or Gurrah) and Hashiyat Al Dusuqi Ala Al Sharh Al Kabir  4- 268 and Al Zarqani and Hashiyat Al Banani, vol. 8, page 31 and 32.

It is proven from the documents that the autopsy report mentioned that the child, the victim, suffered abrasive injuries according to what mentioned in the aforementioned report, and this led to death and it is a suspected crime / medical liability. She also expressed her opinion in the report of the medical committee formed under her presidency that the committee considers that this is an event of negligence and professional and technical medical errors. The physician who performed the delivery operation had made a mistake and the on duty consultant and the physician are to blame.. until the end of the report. A member of the committee, —, said that there are a number of errors, none of which can be proven. The various failures of the management may have resulted in mistakes in the hospital system or the joint departments, rather than the individual failures. Dr. —, a member of the committee, stated in the same report that some corrective procedures had to be taken and there are shortcomings in the hospital system not the individuals, for determining the party responsible for the error. The child did not have any signs at birth, such as panting and there was no error or negligence by the specialist who performed the delivery nor her assistant, but there is a misconduct or ignorance of how to deal with such fetuses despite the effort to try to save the fetuses. It is evident from the opinions of the members of the medical committee that they did not agree on one opinion to attribute the error to the perpetrator. The child died and the injuries are indisputable and whether she died in her mother’s womb or outside- as each case has a blood money if the act is attributed to the perpetrator. In this case, it is a technical work to be decided by a specialized technical authority and the court may not replace the expert in such a case.

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“Medical Liability Limits and Estimated Blood Money for Fetus Death”