If during medical treatment the actions of a doctor unwittingly results in the death of the patient (e.g. due to oversight, negligence, etc.), what kind of expiation is required? Is the expiation the same for a Muslim as well as a non-Muslim patient, child or adult patient?

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.

We have already issued Fatwa: 87930 regarding the mistake and responsibility of the doctor, so please refer to it. In case he is the one who caused the death of the patient he has to expiate whether the dead is young or old, male or female. Expiation is also required when killing a free non-Muslim under Muslim protection (rule) or killing a non-Muslim who is given temporary protection, according to the majority of the scholars.

Ibn Qudaamah said: 'The scholars agreed in a consensus that the person who kills by mistake has to expiate whether the dead is male or female, young or old.' He also said: 'Expiation has to be offered when killing a free non-Muslim who is under Muslim rule or a non-Muslim who is given temporary protection. This is the view of the majority of scholars. However, Al-Hasan Al-Basri and Imaam Maalik are of the opinion that there is no expiation.'

Nonetheless, Al-Buhooti is of the view that 'Whether the person who is killed is a Muslim or a free non-Muslim under Muslim protection or a non-Muslim who is given temporary protection, expiation has to be offered exactly like killing a Muslim, and whether the person who is killed is young or old, male or female.' 

Allaah knows best.