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sician to treat his patients and also consider him a mazik (someone
responsible for damages).
Shouldn’t the public consider the Torah view of this complex top-
ic? I would be most grateful to hear the Torah view on the questions
I have posed. IF A PHYSICIAN ERRED
AND THE PATIENT DIED,
1 AnsweR OR AN AMBULANCE DRIVER
37 KILLED A PEDESTRIAN, DO
Before we answer your question, let us review a similar case on which THEY REQUIRE EXILE?
the poskim rule: Can one exempt a ritual slaughterer who does not
review the laws of ritual slaughtering? As the Rama writes (Yoreh
Deah #1:1): A shochet who has a license to perform ritual slaughtering
should at intervals review the laws so that they remain very familiar
to him and he does not forget them. A beis din should ensure that the 1 Question
examiners and ritual slaughterers are skillful, expert and fit for the
task. The principle that “he who does not act will not make mistakes” cer-
The following question is brought in Responsa Beis Shlomo (Yoreh tainly applies to physicians. Medical errors occur frequently and their
Deah #14): During the time of the Maharsham, people claimed that a results may be very severe. What is the view of halachah in regard to
prominent shochet in town was not reviewing the laws. The Maharsh- medical errors?
am tested him and saw that indeed he was not fluent enough in the For example: a four year old boy was brought to the hospital be-
relevant laws of ritual slaughtering. After the Maharsham gave him cause of abdominal pains. The on-duty physician diagnosed appen-
a strict warning to review the laws, the shochet did so. An argument dicitis. According to this diagnosis, the treatment is surgery. During
ensued in the town. Some people wanted to fire him, while others the surgery, it became obvious that the diagnosis was incorrect. (This
argued that if he was now fit to the task according to basic halachah, happens about 20% of the time with this illness.) After the surgery,
he should not be removed from his job. as a result of the delay in making the correct diagnosis (which was a
Those who wanted to keep him on cited proof from the Or Zarua serious inflammation of the intestines and the liver) and as a result
(Part 1 #114:4) in Yam Shel Shlomo (Chullin, Ch. 1:51), where it says of the surgery, the child developed a high fever and a syndrome of
that if someone is appointed as a cantor it is not possible for a few hemolysis of the blood. The hemolysis led to kidney failure, to the
congregants to fire him. If the cantor did something shameful, then point where the kidneys were totally destroyed. The child was moved
even one or two members of the community can fire him, and they to intensive-care in another hospital. If he lives, he will certainly need
need not pay him for work he did after he sinned, since they were per- dialysis for the rest of his life.
mitted to fire him. The Maharsham cites the words of Rama (Choshen What is the halachah regarding the physician who unintentional-
Mishpat #421:6), who writes: If one suspects that his servant is steal- ly caused the problem, if the patient dies? Does the Torah require
ing, he can fire him, even before his contract is up. Although all he has that he be punished in the same way as someone who kills his friend
is a suspicion, he can fire him. Likewise, the people of a city can fire a unintentionally or by accident, who is exiled to one of the Cities of

96 1 Medical-HalacHic Responsa of Rav ZilbeRstein Do they require exile? 2 117 # 20818_efi-ab - 20818_efi-ab | 4 - B | 18-08-20 | 13:29:01 | SR:-- | Magenta 20818_efi-a

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