Page 229 - 20818_park-B_efi

one is exempt from doing so. But if this is only a possibility, one once the physician was hired for the position, the supervisor would
is still obligated to rebuke. ignore his faulty character and problematic remarks, then this defect

5. If the rebuke will cause a negative atmosphere among the med- is not a serious defect, and it is lashon hara to reveal it.
ical staff, one has to weigh the probable negative effect on the Rav Aharon Roth shlit”a pointed out that the Chafetz Chaim’s
patients against the benefit of a rebuke. One should find an reference to a “serious defect” applies to someone who is uninvolved
alternate way of delivering the message such as via a relative of in the matter at hand. If this unconnected third party sees that a girl
the physician. Remaining silent is prohibited. is about to get engaged to someone with a defect, he should not re-
veal it to her unless it is halachically considered “serious.” However, if
6. If the physician’s negligence is likely to cause danger to life, one the relationship will have an effect on the third party, such as in our
has to do everything in order to stop him, even at the cost of case, where if the physician is hired it will affect the entire staff, then
one’s own job or the suffering of the patients.
perhaps it is permissible to convince them not to hire him. Perhaps
7. The mitzvah of rebuking someone has to be done calmly and it is a matter of “your life comes first” and a person can say what he
in a soft tone. For this purpose, one must know human nature, needs to say in order to protect himself. In other words, in order to
speak in a way that implies he is trying to judge favorably, and by protect himself from harm, a person can reveal even a defect which is
way of parable. The time has to be right for rebuke. In general, not considered “serious.” Some proof to this are the words of Chafetz
one needs much wisdom, understanding, and love for his fellow Chaim (Hilchos Lashon Hara 10:14), who writes: “Perhaps the same
in order to fulfill this mitzvah. The rebuke should be given pri- applies if his intent in revealing it is to lift the worry from his heart,
vately, carefully preserving the honor of the rebuked. for a future benefit.” Perhaps the words of our Sages would apply
8. If the physician is not capable of fulfilling his job, such as his here: “If a person is worried in his heart, he should speak about it to
vision is poor or he has reached old age, one should notify his others,” (maseches Sotah 42b) “But one must be careful not to forget
superiors and employers about that. If he is negligent even after any of the preconditions mentioned above.
they warned him, one should fire him. All of the above would apply to a clerk or any other worker. When
it comes to a physician, the criteria are totally different, as I heard
9. This cannot be done without consultation with wise people and
professionals. from my father-in-law, Rav Y. S. Elyashiv zt”l.
The chazzan in Vilna became ill and could no longer perform his
Although the Sages do not obligate the physician to pay for duties on the High Holidays. The leaders of the city and the head of
his errors, in order to encourage the physician and give him the congregation met to choose a new chazzan from among the candi-
strength to devote himself to the holy work of healing the sick, dates. They studied the words of the Rama (Orach Chayim #581) and
there is no permission to ignore negligence. One has to do this learned that the characteristics required of a cantor are: He should
with great wisdom so that the rebuke is for the sake of Heaven have a pleasant voice, be learned in Torah and good deeds…he should
and effective. If the unspoken protocol in the hospital becomes have a beautiful countenance; he should be at least thirty years old
“keep quiet for me and I will do so for you,” then the hospital – and married. Based on this, they set their sights on one of the greatest
which is a place where the Divine Presence rests – can become Torah scholars who had nearly all these qualifications, except that his
a place of injustice and a den of corruption. voice was not sweet. When Rav Chaim Brisker heard their decision,

10. A physician who is diligent in his profession and prays for Di- he said: If they would have asked me, I would have ruled differently,

246 1 Medical-HalacHic Responsa of Rav ZilbeRstein Notifying Authorities about deficiencies 2 20818_efi-ab - 20818_efi-ab | 8 - A | 18-08-20 | 13:29:02 | SR:-- | Magenta 20818_efi-ab - 20818_efi-ab | 8 - A | 18-08-20 | 13:29:02 | SR:-- | Cyan 20818_efi-ab - 20818_efi-ab | 8 - A | 18-08-20 | 13:29:02 | SR:-- | Black #

#

8

# 20818_efi-ab - 20818_efi-ab | 8 - A | 18-08-20 | 13:29:02 | SR:-- | Magenta #20818_efi-ab - 20818_efi-ab | 8 - A | 18-08-20 | 13:29:02 | SR:-- | Yellow 20818_efi-ab - 20818_efi-ab | 8 - A | 18-08-20 | 13:29:02 | SR:-- | Black 20818_efi