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exempt since she was involved in a mitzvah [of saving life] and does consider here, and also the mitzvah of ”You shall surely rebuke
not need permission from a beis din. your neighbor and not bear sin because of him” (Vayikra 19:17).
Perhaps this is what Birkei Yosef (Yoreh Deah #336:6) had in mind And one must rebuke him sensibly and wisely.
in his answer to the question regarding the difference between an 4. If the treating physician is irresponsible and there is reason to
agent of a beis din and a physician who inadvertently caused death. believe that he may endanger the lives of future patients, one
He explains that the agent of the beis din flogged in the usual man- is obligated to point out his mistakes, even though this may
ner, while the physician did not heal in the usually accepted manner. lead to his being fired from his position. One can give over the
Therefore, the physician is obligated to go into exile. information to his supervisors as well, but before doing so, one
Likewise the words of the Chasam Sofer imply that the ambulance should consult with other physicians who may bring up some
driver is exempt from exile since he wanted to save a life in the usual points in his favor.
way. All this applies, obviously, if he was driving according to the rules 5. Even if the physician has a reputation for excellence and loyalty,
under the circumstances. but he made a mistake one time, it is still a mitzvah to rebuke
The Chasam Sofer (Choshen Mishpat #184) rules on the case of a him. If, however, the matter will cause some unpleasantness to
woman who was nursing her son at night and discovered that she Dr. Reuven, he is not obligated to do so, especially if their rela-
had smothered the baby during her sleep. Is she obligated to go into tionship will be soured or Dr. Reuven will be fired.
exile? He answered that if Chazal exempted a physician from exile if
his patient died, certainly this woman, who took the baby for his own
good, in order to nurse him, should be exempt from exile.
We really need to understand the words of the Chasam Sofer:
Where do we find that Chazal exempt a physician from exile? On the Notifying parents and physicians about a
contrary, in the Tosefta and the Shulchan Aruch it says: “A physician negligent anesthesiologist
who caused the death of a patient is obligated to go into exile”! (See
Responsa Rav Pealim, part 3, Orach Chayim #36, and other Acharonim). 1 Question
Perhaps the Chasam Sofer refers to what he himself wrote, exempting
a woman who mistakenly poured kerosine instead of liquor from ex- About a year and eight months ago a baby with a cardiac defect was
ile since she was attempting to carry out an accepted form of rescue. born in our hospital. Doctors were aware of the constriction of his
Perhaps his words here too apply to an accepted remedy that does not pulmonary duct before his birth, and immediately after birth he was
require a physician’s instructions. given medication to aid oxygenation of the blood.
Responsa Ravaz (Shafran, Part 1 #16) cites many poskim who rule As was decided ahead of time, the baby was transferred to another
that this woman’s action is close to negligence. The best thing to do hospital when he was one day old to undergo a procedure that would
for atonement, in our weak generations where fasting is difficult, is widen the closed pulmonary artery (a ballooning). I accompanied
for the woman to take in an orphan and raise him or her. We learned the baby. Since I was a good friend of the catheterizing physician, I
in Sanhedrin 19b and in Megillah 13a that he who raises an orphan in entered the room and even assisted him during the insertion of the
his house is viewed by the Torah as if he gave birth to him. Thus her catheter. During the anesthesia and preparation for the procedure,
sin will be forgiven as she is caring for “nefesh tachas nefesh” (“one soul the baby’s blood pressure decreased significantly as a result of a higher
128 1 Medical-HalacHic Responsa of Rav ZilbeRstein Dangerous medication causes death 2 149 # 20818
