Doctors Are Not Obliged to Work Through NHS
Fatwa No: 382060

Question

Assalam alykum warahmatullahi wabarakatu.Under the uk law Dr's must have professional insurance/indemnity against liabilities that might be incurred in practising medicine if you are going to work for private hospitals as its a must to have indemnity in order to work: but if you opt to work through NHS trusts only then insurance/indemnity is provided for free by the hospitals through the negligence scheme but this would not cover the defence of Drs for their licence or for disciplinary action if a complaint is lodged by a patient. is having this insurance permissible or do you stick with working for the NHS only. Is using the analogy of- if having car insurance is permissible under the pretext of being made compulsory upon you by the law then one might ask or say there are alternatives to driving a car because there are alot of transport means nowadays and hence people can avoid insurance the same as using professional indemnity/insurance.the bottom line is, is this type of professional indemnity allowed.BarakaAllahu feek.

Answer

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

A doctor is not obliged to work under the umbrella of the NHS (National Health Service Authority) because it provides him professional insurance. Rather, he may work as a private doctor, and if he is obliged to obtain insure, then there would be no harm on him in doing so.

The decision of the European Council for Fatwa No. 25 (7/6) reads: “Commercial insurance is permissible in the following cases and what is similar to them:

1. Cases of legal obligation, such as third party insurance on cars, machinery and equipment, workers and employees (social security or retirement), and some cases of health insurance, or school insurance and so on.

2. Cases of need for insurance in order to repel severe hardship, as the existence such hardship makes a person pardoned for entering into a commercial insurance contract that includes deception.

Allah knows best.

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