Page 193 - 20818_park-B_efi
P. 193

20818_efi-ab - 20818_efi-ab | 7 - A | 18-08-20 | 13:29:02 | SR:-- | Cyan
 20818_efi-ab - 20818_efi-ab | 7 - A | 18-08-20 | 13:29:02 | SR:-- | Black
 #20818_efi-ab - 20818_efi-ab | 7 - A | 18-08-20 | 13:29:02 | SR:-- | Yellow
 20818_efi-ab - 20818_efi-ab | 7 - A | 18-08-20 | 13:29:02 | SR:-- | Magenta
 himself to speak about healing of a circumcision in public   Malkiel. In our case, the physician spoke definitively; he diagnosed
 because it is commonplace, and perhaps he thought it was   her with syphilis and explained to them the severity of the matter,
 not the best thing to take compensation for the mitzvah of   and that is why the husband did not investigate further.
 healing the place of circumcision. But in order not to make   In seems that despite this, the husband should have investigated
 them lose their livelihood, he left one remedy unrevealed.   further. Sometimes physicians exaggerate. If he did not investigate,
 The Rashash explains that Rava used to hear all sorts of   it shows that she was not so beloved to him. This is according to the
 #
 remedies from them, and therefore, when he publicized   Shiltei Gibborim (in maseches Sanhedrin, Ch. 8, 18b from the pages of
 the remedy for circumcision, he left one remedy a secret so   7  the Rif) where it says, “It was not clear that he would die from that
 as not to limit their livelihood.  illness, even if the physicians said he would die. Many patients are
           decreed as dying by their physicians and their recovery is imminent.”
 B) Publicizing the names of the physicians will cause them to raise   We see that physicians sometimes exaggerate the severity of an ill-
 their prices, while a market survey of businesses will only bring   ness. Therefore, the husband should have looked into the diagnosis.
 prices down
           If despite this he still divorced her, it must be that she was not so
 C)  These doctors will become haughty and cease from attaining   beloved to him.
 more knowledge in their field.
                                      
 D)  Every patient is destined to be healed by a certain physician.
 Therefore, if a mediocre physician made an oath not to care for
 a patient, and there is a more expert physician available, but
 the patient insists on the mediocre one, the so-called mediocre   To live in a place forbidden to a person by his
 physician is obligated to care for him despite his oath. “A person   physician
 does not merit to be healed by just any physician.” (Yerushalmi,   1
 Kesuvos, Chapter 13) It is possible that he was destined to be   Question
 healed specifically by the lesser-known physician. Thus, it is not   A physician determined that if a certain person lives in a hot climate
 correct to publicize only the renowned and expert physicians,   it will be harmful to his health. Is he permitted to live there, or is he
 because they are not always the ones to succeed in treating every   prohibited from doing so because of the Torah law “Take good care of
 patient.
           yourselves” (Devarim 4:15), meaning, care for your health?
 One might publicly rate a physician using the following text: “We
 have checked out only some of the expert physicians. There are cer-  1   AnsweR
 tainly other physicians who did not make the list who are competent
 and capable of healing patients.” I believe that even this should not be   The Ramban writes (in responsum #272) as follows: Reuven married
 done, however, because it will discourage the lesser-known physicians   the daughter of Shimon, and swore to Shimon, his father-in-law,
 from advancing, as they will feel that they will never rank among the   that he and his wife would live for five full years in Shimon’s place of
 “best” anyway.    residence. If expert physicians tell Reuven he should not go to live in
 If there is an agreement among the physicians not to have any   another city because the air there would make him sick, but the city




 218   1  Medical-HalacHic Responsa of Rav ZilbeRstein  Divorce due to erroneous medical information  2   187





 #20818_efi-ab - 20818_efi-ab | 7 - A | 18-08-20 | 13:29:02 | SR:-- | Yellow 20818_efi-ab - 20818_efi-ab | 7 - A | 18-08-20 | 13:29:02 | SR:-- | Magenta 20818_efi-ab - 20818_efi-ab | 7 - A | 18-08-20 | 13:29:02 | SR:-- | Cyan 20818_efi-ab - 20818_efi-ab | 7 - A | 18-08-20 | 13:29:02 | SR:-- | Black   #
   188   189   190   191   192   193   194   195   196   197   198