The error is: "What is not a human being in it accidentally," [1], the hometown of the right of God from the point of sin, but it does not fall right subjects in escrow, as evidenced by the verse: "and not upon suite with made a mistake, but deliberately hearts" [2] it indicates the fall of sin, and says: "what was a believer to kill a believer except error and kill a believer error liberalization believing slave friendly Muslim to his family but to believe" [3], this guide is proven warranty on who is at fault, and this is extremely Justice, and if we look to the concept of medical error as defined by the Institute of Medicine, the American found stipulates that medical error is the "failure to complete an intentional act on the face of destination, or use the wrong action to achieve a goal," [4], and this is consistent with what we have decided as the doctor does not mean it's too goal It also is not intended therapeutic use of the wrong work to achieve the therapeutic goal, but we must distinguish here between two things:
1 - the error is of the genus medical work: if the mistake in diagnosis and the like, here seen custom medical If the error is within the limits considered on the one hand that this diagnosis or treatment I think mostly is here does not have immunity from the point of violation of the assets of the profession, and construed error type the second, which remind him, though the error was unacceptable in custom medical if mistakes in diagnosis because he did not use the test required in the eyes of the profession, here interpreted wrong in fact to the positive first, the failure to follow the origins of the profession, both of which are positive for the responsibility but the difference in the effects of the responsibility of Escrow only one hand or warranty with discretionary.
2 - the error is not of the genus medical work: though still doctor's hand during the examination or surgery Fadhar patient and this genus felony error has nothing to do about the profession, and the judgment which is the rule in felony error in terms of the proven security and the fall of sin and do not require discretionary.
[1] Drivers - Jerjani - 85
[2] Al-Ahzab - verse 5
[3] Nisa - verse 92
[4] The U.S. Institute of Medicine report titled: To Err is Human, November, 1999
التسميات
Medical liability