Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh

 

In the Name of Allah, the All-Merciful, the Mercy-Giving

 

All praise is due to Allah. Peace and blessings be upon His Messenger Muhammad.

 

Yes you can make a claim if you think that there is a possibility of malpractice. A judge would be better to decide for the case based on the details you mentioned.

 

The general rule is that a doctor, or a medical professional, must exercise care according to the standards of reasonable competent medical men of his age.

 

Doctors are fully responsible for any act committed while carrying out their duties. They must be cautious in performing all their duties, so that they do not inflict harm on other parties.

 

The Prophet Muhammad said: “Harm is neither to be inflicted nor reciprocated”. (Ibn Majah)

 

He who does [the work of a] medical doctor and does not know his medical profession is liable to pay compensation for willful treatments (compensation for willful treatments (Ibn al-Qayyim). “A doctor is liable to pay compensation if he is negligent”. (Imam Shafii).

 

According to Imam An-Nawawi, a surgeon who bleeds a patient or apply leeches to him does not incur any responsibility, even though the sick man succumbs, provided that the operator does not overstep the limits imposed by science in operations of that nature.

 

Almighty Allah knows best.