Page 132 - 20818_park-B_efi
P. 132
object to its owner, since the positive precept of returning a lost object surance company and are liable to damage the physician’s reputation.
overules the negative precept of forbidding a kohen from becoming Therefore, one should go to the beis din who will decide, based on the
tameh? After all, when he becomes tameh upon entering the cemetery, testimony of experts, whether the damage to the baby resulted from
he is not yet fulfilling the mitzvah of returning the lost object! He an- the anesthesiologist’s mistake. If they determine that he is indeed
swers that for the entire time he is involved in returning a lost object responsible, one should tell this to the parents, who will probably sue
he is fulfilling the mitzvah, even though the mitzvah is completed only the insurance company.
when the object is returned. Therefore, we can set aside the negative Regarding the anesthesiologist’s obligation to pay for the damage -
precept forbidding kohanim from becoming tameh from the moment if, for example there is no insurance coverage for such an incident - If
the kohen sets out to do the mitzvah. the anesthesiologist unintentionally erred in his work, then he is ex-
From here we learn that every second that the ambulance driver empt in a human court but held accountable by the laws of Heaven. If
is driving is a mitzvah. Therefore, there is reason to exempt the am- it was an accident (oness), such as a defect in the anesthesia machine,
bulance driver from going into exile, even though the mitzvah and he is exempt even according to the law of Heaven. But if he damaged
the sin are two separate entities (as in the case of chopping wood for due to his own negligence, he is considered guilty by a human court
a sukkah) especially when the driver’s obligation was to deliver the as well because he damaged with his own hands, and he is obligated
patient to the hospital as quickly as possible.
to pay (according to the above-cited Tosefta).
During the time of the Chasam Sofer a wicked man scared a young Regarding the question as to whether or not to tell the expert
maidservant and she suddenly fainted from fright. Her mistress was physicians about the mistake, one should tell them about it so that
they can pinpoint the cause of the brain damage and so prevent ad-
very shocked and reached out for the bottle of liquor to pour into her ditional tests and unnecessary treatments and their additional costs.
mouth in order to revive her. By mistake, she took a bottle of kerosine
and poured it into her mouth, and she died. The Chasam Sofer was It is possible that the experts will determine that the anesthesiologist
asked whether this woman needed atonement for her deed. is not responsible and the damage was caused by a cardiac defect or
In his answer, the Chasam Sofer wrote (Orach Chayim #177) that by other causes that we do not know about at present. Nonetheless,
since the woman’s actions were for a mitzvah, to save the life of the because there is a definite possibility that the high dosage of medica-
tion and the drop in blood pressure indeed caused the brain damage,
young maidservant, she is exempt from exile. Halachah states that
an agent of a beis din who is flogging a sinner and mistakenly gives one should relate the incident to the expert physicians. Also, the fact
one lash more than the sinner could tolerate [and he dies], is exempt that the anesthesiologist did not document the incident in the child’s
from exile (Makkos 8a, according to Rashi, s.v. veshaliach beis din.) The medical records requires explanation. Logic and morality dictate that
view of the Raavad (Hilchos Rotzeach 5:6) is that although the agent’s this should have been documented. (The Torah writes (Bamidbar
mitzvah was already completed when he administered the fatal blow, 5:13): “And [if she] hid, she [shall be rendered] impure.” It is said that
he is nevertheless exempt from exile, since the error occurred while if someone hides things, it is a sign of impurity.)
he was involved in the mitzvah. If so, all the more so, the woman is The doctor who is asking the question should approach the an-
exempt from exile because she was involved in resuscitating the young esthesiologist discreetly and hear his explanation of the incident in
maidservant, but she mistakenly took the wrong bottle of liquid. the operating room. Perhaps he will have what to say for himself. If
However, since a tragedy occurred because of her, she still needs not, he should try to gently influence him to reveal the incident to the
126 1 Medical-HalacHic Responsa of Rav ZilbeRstein Dangerous medication causes death 2 151 # 20818
5
