SHAFAQNA – The Grand Ayatollah Javadi Amoli answered questions about the doctor prescribing wrong medicines.
If the doctor prescribes wrong medicines and the nurse gives them to the patient according to doctor’s prescription, and the patient dies after taking the medicines; is the doctor liable for the death (of the patient); or the nurse who helped in the death of the patient? If the doctor is liable, please give the reasons?
The Grand Ayatollah Javadi Amoli: 1) If the skillful doctor gives the medicines to the patient himself/herself, or prescribes the order of taking the medicines to the patient, and the patient comes to harm or dies, the doctor is liable, even if the doctor is a specialist.
2) If the skillful doctor does not give an order, but just expresses his medical opinion about a certain illness, and the way of treating it with a certain medicine, and the patient personally acts and comes to harm, the doctor is not liable.
3) If the nurse realizes that the medicines are wrong, and by knowing it, gives it to the patient, (the nurse) is a partner in liability.
4) If the nurse is not aware and gives the medicines to the patient just by the orders of the doctor, (the nurse) is not liable.
5) The reason for liability is the principle (the rule) of loss, which is taken from authentic (religious) texts.
6) In the mentioned rules, there is no difference if the doctor receives payment or not.
Source: PERSIAN SHAFAQNA