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letter containing details of a child’s illness, there are two possible # 20818_efi-ab - 20818_efi-ab | 7 - B | 18-08-20 | 13:29:02 | SR:-- | Cyan 20818_efi-ab -
answers:

1. Halachically, parents are guardians and they may be permitted
to waive their children’s rights on their behalf.
45 PUBLIC CRITICISM OF A 2. There is a difference between dictating a negative report about

a fledgling physician and writing up a discharge letter for a sick
MEDICAL OMISSION
child. In the first case, the secretary becomes aware of shame-
ful deficiencies and character traits. Since there is no purpose
in her knowing these things, the director should write these
reports on his own. In the second case there is truthfully no
shame involved if it was decreed on high that a child suffer from
1 Questions a specific illness. This is something over which the child has no
control. Therefore, it is not considered lashon hara even though
I am a veteran accredited nurse and midwife in a hospital. The director the knowledge will cause people to pity him.
of the hospital appointed me to assist in supervising and improving On the other hand, perhaps it can be considered lashon hara since
the performance of the midwifery staff and the nurses. knowledge of his illness may affect his shidduchim. Some illnesses are 20818_efi-ab - 20818_efi-ab | 7 - B | 18-08-20 | 13:29:02 | SR:--
As part of my job, I am to conduct a monthly discussion with all not considered to be a “serious blemish,” and one need not reveal them #20818_efi-ab - 20818_efi-ab | 7 - B | 18-08-20 | 13:29:02 | SR:--
the nurses and midwives in the presence of the director of the depart- when searching for a mate. If the secretary who wrote the summary
ment. In order for the discussion to be to the point and beneficial, reveals the child’s illness to a potential mate, thereby hurting him, this
I need to review all the records, find deficiencies, point them out is certainly viewed as lashon hara.
publicly, and explain where the nurse made a mistake. Of course that Nonetheless, I do not believe we have to consider such a remote
nurse or midwife will be shamed publicly as a result. Am I permitted possibility. The secretary will be afraid to reveal the child’s illness
to do this since the discussion is purposeful? Perhaps I am obligated because she may be fired. Therefore, I believe that it is permissible for
to refuse, even if it means that I will be fired from my job, in order to the secretary to type the summary of the child’s illness.
refrain from embarrassing the midwife in public? The exception would be a respectable and responsible person with
Below are three cases of nurses’ shortcomings that were found in AIDS. As a responsible person, he will certainly be careful not to
the medical records and would be (or were) discussed at the general infect others. When he needs dental or blood work, he will inform
meeting, without mentioning the names of the people involved so as the nurse and the physician. As I have heard from physicians, if those
not to speak lashon haa or embarrass anybody. treating him are careful, there is no reason to stay away from him. But
An OCT is a test done by the midwife to determine the viability generally, people would tend to distance themselves from him and not
of the fetus during contractions. During the test, the woman is given allow their children to learn in the same school as an infected child,
medication by IV to bring on labor. Once, a midwife gave a pregnant or to become friendly with him. Therefore, it is forbidden for a doctor
woman the medication and then was called to another birthing wom- to dictate a medical report on AIDS to the secretary, if the patient is
an in a nearby room, forgetting the first woman momentarily. When intelligent and responsible. The secretary may relay the information

196 1 Medical-HalacHic Responsa of Rav ZilbeRstein Dictating negative opinions to secretary 2 209