Page 138 - 20818_park-B_efi

cle, he does not even need to seek atonement, so as not to deter that he is exempt by a human court but held accountable by the laws
future rescuers.
6. If the physician caused the death of a patient indirectly, or the
patient hastened his own death by eating and drinking, the phy-
sician is exempt from exile.
132 1 Medical-HalacHic Responsa of Rav ZilbeRstein
# 20818
of Heaven, as explained in Responsa Tashbetz (Part 3 #82) according
to the clarification of Responsa Minchas Yitzchak (Part 3 #104).
Even if he had injected the medication with his own hands, he
would be exempt from payment. Although he committed a great sin,
he would be exempt because there is no punishment of payment for
killing. It says in maseches Bava Kamma 43b: There is no payment
made for a free man. He who kills another is liable to the death pen-
alty, but he is not obligated to pay for damages.
(It is possible that the doctor is required to pay the cost of the med-
ication which the patient bought according to the law of very indirect
damage (garmi). This resembles the law of “Go, and I will come after
you,” where it is explained in the Shulchan Aruch (Choshen Mishpat
#14:5), that if a man calls his fellow to court, and then he himself fails
to show up, he is obligated to pay the other man’s travel-expenses to
the place he designated.)
In regard to revoking the physician’s license:
It says in maseches Bava Basra 21b: A teacher of children, a gardener,
a ritual slaughterer, a bloodletter, a physician and a scribe of the town,
all are accepted as what they claim to be. But if they caused damage,
they are removed from their positions without warning (Rashi).
There are differing opinions in the Shulchan Aruch (Choshen Mish-
pat #306:8) on whether or not they are fired after only one incident, or
not until they have a presumption of repetition - after three episodes
of doing damage. The view of the Shulchan Aruch is that after even
only one episode they are removed from their jobs, whereas the Rama
rules that only after three episodes are they removed.
They also differ on the question of whether these specialists are
fired for causing damages only if they are hired by the people of the
city, or even if they work privately. According to the Shulchan Aruch,
only if they are salaried by the city are they removed, and according
to the Rama, even if they are self-employed they can be removed from
their position.
The Sema (ibid., 20) clarifies that when it says that we fire them
Dangerous medication causes death 2 145