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ballplayer, where there is a very slight chance of danger to oneself or 4
others, as one in several thousand ballplayers is seriously injured.
I thought, in my humble opinion, that it is permissible,
since the Gemara explains (Bava Metzia 112a) regarding
the verse “to him he devotes his soul”: Why did he hang A PHYSICIAN FAILING TO
from a tree and put himself in danger? Did he not do so INFORM A PATIENT OF
for his wages? Thus we see that it is permissible to place 36 POSSIBLE RISKS
oneself in a slight chance of danger in order to make a
livelihood. Even if the same chance exists that he will kill
others in this manner, it is permissible, because it is no
different from placing himself in the same minute danger
of death. “Thou shalt not kill” applies to others as well as 1 Question
to oneself…If we would not say this, then the tree owner
would not permitted to hire him. Certainly the worker has How much does a physician have to tell a patient about the level of
to agree to the danger and the owner of the tree cannot risk associated with the treatment?
place him in such, albeit rare, chance of danger, without his A woman came to a plastic surgeon for a certain treatment. The
knowledge and permission. After some time, I was shown treatment caused damage and now she is suing him. According to
that the Noda Biyehudah (second edition, Yoreh Deah #10) the patient, she was not told at the beginning that plastic surgery is
also rules this way regarding the livelihood of someone associated with certain risks.
who hunts for wild animals. The question is, how detailed does the physician’s warning to the
patient have to be regarding the possible outcomes of the treatment?
Although the Iggros Moshe permits a person to place himself in a If the chance of danger is very low (1%), does the physician have to tell
position only where the chance of danger is one in several thousand, the patient about it before obtaining his agreement to proceed with
we can also say that we need not be concerned if the danger is only the treatment?
one in a thousand. In his particular case (of professional ballplayers)
there was even less of a chance. 1 AnsweR
I believe that we need not be concerned if the chance of danger is
one in a thousand. Rabbi Akiva Eger explains likewise (first edition If a patient is dangerously ill, there is no obligation to relate far-fetched
#60). The Magen Avraham (Orach Chayim #316:23) also writes that dangers, because even if we would tell him that there is a 1% chance of
it is forbidden to kill a gecko on Shabbos, for only one in a thousand danger to life and he would then refuse treatment as a result, we would
is dangerous if it falls into food. The same seems to be the view of still be obligated to treat him. The Magen Avraham says (#348:6): If
Mishnah Berurah (#330:5), as well as the Shem Aryeh (Yoreh Deah the patient does not want to take the medication, one forces him to
#27), who asks: Why does the Gemara not cite all the types of danger do so (Mishnah Berurah #618:5). The Mor Uketziah (#328 on Magen
quoted in Sefer Chassidim? He answers: All the dangers cited in Sefer Avraham, ibid.) adds that “The physician is allowed to use any means
Chassidim are rare and may not harm more than one in a thousand. of healing that the Torah permits, such as enlarging the opening of

110 1 Medical-HalacHic Responsa of Rav ZilbeRstein Failing to inform a patient of possible risks 2 103