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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
baby recovered following the treatment and the adjustment of the
medication to the correct dosage. The ballooning was successful.
After the procedure, the baby was hospitalized for another week with
recurring problems in the functioning of the left ventricle. After a
week he returned to us and progressed well.
The unnecessarily high dosage of medication administered and the
significant decrease in the baby’s blood pressure were not recorded
nor relayed to the parents.
During the course of time, it became apparent that the baby is suf-
fering from a variety of fine-motor issues and it was decided to do an
MRI scan of his brain. The results showed evidence of mild damage
of the brain tissues. The physician who saw the MRI images was not
aware of the incident that occurred prior to the catheterization. There
is an appointment scheduled to see a pediatric neurologist, who is
also unaware of the above. An additional problem is that the baby
requires special care, which costs the parents time and money.
I know what happened; however, I am not certain that the above
incident is the cause of the child’s neurological and motor problems.
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
child will most likely send the child for numerous tests in order to
determine the cause of his brain damage.
I am uncertain whether or not I should reveal the incident to the
expert physicians and to the parents.
1 AnsweR
In order to answer the question about telling the parents of the in-
cident in the operating room we have to be certain that the anesthe-
siologist caused the damage to the baby. In his question, the doctor
writes that he is not absolutely sure that the damage was caused by
the mistake. Therefore, one must carefully consider whether or not to
tell the parents, as they will certainly go to the courts and to the in-
150 1 Medical-HalacHic Responsa of Rav ZilbeRstein
#
5
agent to take merchandise somewhere and the agent was killed on
the way requires some repentance. We learn this from the words
of the Gemara (Sanhedrin 95a), which states that David Hamelech
was punished because he was the indirect cause of 400 kohanim of
Nov, the city of kohanim, being killed by Doeg. In Responsa Tzemach
Tzedek (#6), the author writes that the situation is not comparable,
since David Hamelech caused this by taking the bread from the High
Priest, and he should have known that Doeg the Edomite would
tell Shaul Hamelech about this. Nevertheless, concludes the Chasam
Sofer, the woman needs some repentance, because meritorious deeds
come about through those who have merits and bad happenings
come about through those who are guilty. We should not, however,
burden her excessively, since she was involved in saving a life and was
acting hastily.
The Minchas Yitzchak (Part 3 #104) questions this ruling. If so,
how is it ruled in Shulchan Aruch that a physician who errs and as
a result the patient dies is obligated to go into exile? He, too, was
involved in a mitzvah. Why is the law of the physician different from
that of the woman?
I believe the answer to the question of the Minchas Yitzchak is that
halachah treats the physician more stringently than a layperson who
attempts to save a life. The physician requires a special Divine license
to deal with internal diseases, which is why the Torah had to write
“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.
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
according to medical standards, then it is as though he is not licensed
by a beis din. If someone faints, however, no license is necessary in
order to save his life by giving him liquor, since this is not an internal
disease that requires careful examination. In those days, pouring li-
quor down a person’s throat was the accepted method of saving a life.
Therefore, if the mistress mistakenly poured kerosine instead, she is
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