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test against sins, and if he is able to protest but does not do so, he is 1 # AnsweR 8
considered guilty of the same sin. Nonetheless, he is not required to
spend money on this. Therefore, there is no mitzvah here of rebuking Such a statement is not considered lashon hara. This is explained in
the sinner, and the mitzvah of “Do not stand idly by the blood of your the Sedei Chemed (Section Shin #86, Shevach). There is no prohibition
fellowman” does not apply if it is clear that speaking up will not help. in saying: Rabbi so–and-so is a greater Torah scholar than Rabbi
All of the above relates to questions one and two. Question three so–and-so. For example, the Rivash (#394) writes that Rabbeinu Tam
is different. Here, it is likely that if the patient is hurt due to a nurse’s was greater in sharpness and expertise than the commentators that
uncaring deviation from accepted practice, one is obligated to protest. preceded him – Rabbeinu Chananel and Rashi and the Sheiltos and
We can assume that a protest of this nature will be heard. (In a situa- Halachos Gedolos. The Sedei Chemed also writes there, in the name of
tion of tremendous time pressure or an emergency, when one cannot Responsa Baei Chayei (Choshen Mishpat #58), that he weighed all the
take the time to find a vein, it may be permissible to draw blood from authors against the Rashba and considered one responsum of Teru-
the hand.) mas Hadeshen to be equal to a responsum of the Rashba.
This applies, of course, only if the evaluation of these great com-
1 SuMMaRy and Conclusions mentators is letoeles.
Regarding experimentation on a dying patient (example one), one is
obligated to protest.
Regarding the hospital’s policy of giving preference to patients who 1 AnsweR to Question 3
have a chance (example two), if the nurse assumes that her words will
go unheeded and place her job in jeopardy, she is not obligated to Is there an obligation to fulfill the mitzvah “And you shall rebuke your
speak up. fellowman” for an inappropriate and wrong diagnosis or treatment,
Regarding the practice of drawing blood from the hand and caus- thererby encouraging the physician to exercise greater caution in the
ing extra pain (example three), one is obligated to protest. future? And if so, in what way, and to what extent must one do so? It
seems to me that this question has three parts:
1. Does the obligation of rebuking apply if the one who rebukes
will suffer personally as a result? What if the rebuke will create
a negative atmosphere among the physicians, and the patients
will suffer as a result?
2. How should the physician express his rebuke?
3. How severely should one rebuke the physician? At what point
should he relate what he has seen to the authorities, so that they
fire the negligent physician?
The obligation to rebuke the physician is based on two mitzvos: a) the
mitzvah of rebuking a sinner in order to prevent him from sinning in
230 1 Medical-HalacHic Responsa of Rav ZilbeRstein Informing a patient about a mistake 2 239
