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Publicizing that a scribe is a sinner .........................................354 he has to pay for his friend’s absence from work and thoroughly heal 1
him. And if a man hits his servant and he dies…one can take revenge.
65 PUBLICIZING A SINNER WHO HAS CONTRACTED A From here we learn that a physician who was treating a patient, or an
CONTAGIOUS DISEASE ..........................................................359 agent of the beis din who administered lashes excessively, or a teacher
Publicizing the name of an AIDS patient who committed who hit his student, or a judge or a kohen working at the Temple
suicide ......................................................................................... 362 altar who killed someone intentionally - all should be transferred
Giving the honor of opening the Aron Kodesh to a physician from their jobs to a different line of work. If they repented fully, one
married to a gentile woman ..................................................... 374 can reinstate them. But if not, one punishes them even for their own
A psychologist learns that his patient is involved in sin - assets. (I.e., even if they killed a human being who was their own
should he tell her husband? ..................................................... 378 property, like a servant or maidservant, they are punished with death.
A psychologist learns that his patient’s husband is causing This is what the Tovei Chayim explains.)
others to sin ................................................................................381
1 SuMMaRy and Conclusions
68 PSYCHOLOGIST’S PATIENT REVEALS THE SINS OF HIS
WIFE’S PRINCIPAL ....................................................................392 1. If a surgeon’s hand slipped in the middle of surgery, uninten-
Should a person reveal that he saw a mailman destroying tionally causing damage to another organ, according to the She-
letters? ........................................................................................396 vet Halevi, if it was an ones gamur he is exempt from payment
for the damages, but if it was not an ones gamur, he is obligated
to pay.

In my humble opinion, his words apply only according to Tosfos.
According to the Ramban, who says that if one is “involved with
permission” in a certain task, he is exempt by the Torah for any
unintentional damage, the physician may be exempt regardless.
This would not apply, however, if he was negligent and did not
prepare himself thoroughly before surgery. In that case, he is ob-
ligated to pay for damages, as explained in Misgeres Hashulchan
and by the Chida.
2. A surgeon who operated incorrectly but did not cause damage
to any other organ is exempt in a human court “for the good of
the world,” but is held accountable by the Heavenly Court.
3. A dentist straightening teeth for beautification or a surgeon
performing plastic surgery who inadvertently damaged the pa-
tient is exempt from paying for the damages since, according to
the Ramban, he was “involved with permission.” According to

6 1 Medical-HalacHic Responsa of Rav ZilbeRstein Compensation for physicians’ errors 2 15