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46 A DIRECTOR DICTATING
HIS NEGATIVE OPINIONS
ABOUT PHYSICIANS TO HIS
SECRETARY
1 Question Dictating negative opinions to secRetaRy
I am asking about the prohibition of lashon hara.
It is customary for hospitals to hire young physicians for a tryout.
After a year of work, the director of the department evaluates the
doctor. In a letter to the administration, he expounds on the strengths
and weaknesses of the fledgling physician. For lack of time, the direc-
tor dictates the content of these letters to his secretary, and then signs
them.
Even if the director is allowed to relay the failures of the physician
(as this is for a purpose, as explained in Chafetz Chayim, Hilchos Rech-
ilus, Rule #9, Be’er Mayim Chayim #8) the secretary does not have to
know. Is the director permitted to dictate the content of these letters
to the secretary?
1 AnsweR
This question was asked in the beis midrash of the Tzitz Eliezer (Part
20 #51), by the learned physician Rabbi Dr. A. Sofer Avraham. He
even added to it, as follows:
While an adult patient knows he will receive a discharge letter in-
cluding private matters, and he gives permission in advance for these
matters to be revealed, what is the law in the pediatric department?
204 1 Medical-HalacHic Responsa of Rav ZilbeRstein
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did not avoid using this expression before Levi’s friends, although he #
was ashamed by it. We are forced to conclude that this is the way that
the teacher points out the disciple’s error. As result, he will pay heed
and be more careful so that he not be shamed a second time in front
rebuke to his student. The director of the department in the hospital
of his colleagues.
In our case as well, we have to consider the matter like a teacher’s
is responsible to ensure that the physicians do their job with devo-
tion. If he sees failure and error on the part of one of the physicians,
it is his job to criticize his error. He is permitted to do so in front
of the rest of the staff, just as a teacher can discipline his student
in front of the others. Although there is room to say that the rav is
permitted to discipline his student publicly because he is involved in
spiritual matters, and that this leniency does not apply to any other
task, nevertheless, since our case involves pikuach nefesh, it is certainly
considered a Heavenly matter as well. Thus the rav is responsible and
permitted to publicly discipline the disciple and set him straight. 20818_efi-ab - 20818_efi-ab | 7 - B | 18-08-20 | 13:29:02 | SR:-- | Magenta
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Yitzchak Zev Kohen
The words of Rav Yitzchak Zev Kohen ring true, specifically the fact
that human nature is that once a person becomes accustomed to his
work, he is no longer shocked at the sight of a dangerously ill patient.
For this reason, many wise Torah sages avoid taking upon themselves
the yoke of giving halachic rulings, for fear of becoming immune to
the severity of the topics under discussion.
However, in practice, it seems to me that, in spite of all this, it is
preferable to do so without mentioning names. This is according to
what the Chafetz Chaim wrote (in Hilchos Lashon Hara, Rule 10, Be’er
Mayim Chayim #11, and in Hilchos Rechilus #19, Be’er Mayim Chayim
#35). Even in a situation where one is allowed to speak lashon hara, if
possible, it is always preferable to hint than to say things outright. In
our case where there is a possibility of causing anguish and shame,
it is preferable to hint as well. Since the matter will be spoken about
Criticism of a medical omission 2 201