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43 A PHYSICIAN SHORTENED 41 A PHYSICIAN DID NOT
RESPOND TO A CALL FOR
HIS WIFE’S LIFE BY
HELP AND THE PATIENT
NEGLIGENCE. CAN HE
INHERIT HER ASSETS?
DIED

1 Question

A woman living abroad developed convulsions. Her husband the phy- 1 Question
sician injected her with an ampoule of Optalgin and the woman died.
The police discovered that he gave her a high dose of the medicine, A young physician received a call from a man who was having heart
leading to her death. The doctor was blamed for causing his wife’s pains. During the conversation, the patient told the physician that at
death by negligence and sentenced to a term in jail. The husband’s the moment he is feeling well, the pain has stopped, and there is no
motivation, said the judge, may not have been pure because his wife need to come. The physician told him that if the pains come back he
had many assets and it was a second marriage. should contact him and he will come over. After 20 minutes, the man
The judge cited the words of Eliyahu Hanavi to King Achav: “Have called again and the physician rushed over without delay. Unfortu-
you killed and also inherited?!” (Melachim I 21:19). He would like to nately the patient died on the way to the hospital. The physician is
know the Torah view of this matter. plagued by the thought that perhaps he should have gone over the
first time the patient called, despite the patient’s assertion that the
pains had subsided.

1 AnsweR Is the physician obligated to seek a tikkun, and if so, how?
I sent the question to Dr. Uriel Levinger, and this was his response:
Let us first rule on a case where a son killed his father in order to
inherit him. Does he inherit him? To the honorable Rav… shlita:
The Rambam rules (Hilchos Mamrim 7:14): A rebellious son is like If a patient calls his doctor because of chest pains, the physician
all those killed by a beis din, whose assets go to their heirs. Although should consider it an urgent problem and look into it. The usual
his father caused him to be stoned to death, he inherits his assets. The questions are: What is the duration of the pains? Are they spreading
Radvaz asks, Is it not obvious that the father will inherit the assets of into the hand, the jaw or the shoulder? Does the patient recognize the
his rebellious son? Who, if not the father, could claim himself as heir symptoms from before? Is this the first time there are symptoms of

176 1 Medical-HalacHic Responsa of Rav ZilbeRstein Physician did not respond and patient died 2 165