Page 133 - 20818_park-B_efi

dose than necessary of the medication aiding the oxygenation of his some kapparah (Mahari Weil #125) just like someone who hired an
blood, which is known to cause a decrease in blood pressure. The agent to take merchandise somewhere and the agent was killed on
baby recovered following the treatment and the adjustment of the the way requires some repentance. We learn this from the words
medication to the correct dosage. The ballooning was successful. of the Gemara (Sanhedrin 95a), which states that David Hamelech
After the procedure, the baby was hospitalized for another week with was punished because he was the indirect cause of 400 kohanim of
recurring problems in the functioning of the left ventricle. After a Nov, the city of kohanim, being killed by Doeg. In Responsa Tzemach
week he returned to us and progressed well. Tzedek (#6), the author writes that the situation is not comparable,
The unnecessarily high dosage of medication administered and the since David Hamelech caused this by taking the bread from the High
significant decrease in the baby’s blood pressure were not recorded Priest, and he should have known that Doeg the Edomite would
nor relayed to the parents. tell Shaul Hamelech about this. Nevertheless, concludes the Chasam
During the course of time, it became apparent that the baby is suf- Sofer, the woman needs some repentance, because meritorious deeds
fering from a variety of fine-motor issues and it was decided to do an come about through those who have merits and bad happenings
MRI scan of his brain. The results showed evidence of mild damage come about through those who are guilty. We should not, however,
of the brain tissues. The physician who saw the MRI images was not burden her excessively, since she was involved in saving a life and was
aware of the incident that occurred prior to the catheterization. There acting hastily.
is an appointment scheduled to see a pediatric neurologist, who is
also unaware of the above. An additional problem is that the baby The Minchas Yitzchak (Part 3 #104) questions this ruling. If so,
requires special care, which costs the parents time and money. how is it ruled in Shulchan Aruch that a physician who errs and as
I know what happened; however, I am not certain that the above a result the patient dies is obligated to go into exile? He, too, was
incident is the cause of the child’s neurological and motor problems. involved in a mitzvah. Why is the law of the physician different from
that of the woman?
The experts will not be able express an opinion if they don’t know
about the episode. In addition, the experts who are now treating the I believe the answer to the question of the Minchas Yitzchak is that
child will most likely send the child for numerous tests in order to halachah treats the physician more stringently than a layperson who
determine the cause of his brain damage. attempts to save a life. The physician requires a special Divine license
I am uncertain whether or not I should reveal the incident to the to deal with internal diseases, which is why the Torah had to write
expert physicians and to the parents. “And heal he shall heal.” The Shach (Yoreh Deah #330:1) explains that
this is so he should not fear being held accountable for his errors.

1 AnsweR Therefore, the Torah gives permission for the physician to heal, but
only on condition that he is exacting and careful. If he is not careful
In order to answer the question about telling the parents of the in- according to medical standards, then it is as though he is not licensed
cident in the operating room we have to be certain that the anesthe- by a beis din. If someone faints, however, no license is necessary in
siologist caused the damage to the baby. In his question, the doctor order to save his life by giving him liquor, since this is not an internal
writes that he is not absolutely sure that the damage was caused by disease that requires careful examination. In those days, pouring li-
the mistake. Therefore, one must carefully consider whether or not to quor down a person’s throat was the accepted method of saving a life.
tell the parents, as they will certainly go to the courts and to the in- Therefore, if the mistress mistakenly poured kerosine instead, she is

150 1 Medical-HalacHic Responsa of Rav ZilbeRstein Do they require exile? 2 20818_efi-ab - 20818_efi-ab | 5 - A | 18-08-20 | 13:29:01 | SR:-- | Magenta 20818_efi-ab - 20818_efi-ab | 5 - A | 18-08-20 | 13:29:01 | SR:-- | Cyan 20818_efi-ab - 20818_efi-ab | 5 - A | 18-08-20 | 13:29:01 | SR:-- | Black #20818_efi-ab - 208

#

# 20818_efi-ab - 20818_efi-ab | 5 - A | 18-08-20 | 13:29:01 | SR:-- | Magenta #20818_efi-ab - 20818_efi-ab | 5 - A | 18-08-20 | 13:29:01 | SR:-- | Yellow 20818_efi-ab - 20818_efi-ab | 5 - A | 18-08-20 | 13:29:01 | SR:-- | Black 20818_efi
5