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the accused before jumping to conclusions. This is the way 8
to act always, for we see that the greatest of Torah scholars
almost made a grave mistake, and only thanks to Rav’s
piety was an error prevented; we should be aware that we
can always be mistaken ourselves. INFORMING A PATIENT
4. If it is clear beyond doubt and after consultation with other ABOUT A MISTAKE IN HIS
physicians that the physician does not diagnose correctly and TREATMENT, AND THE
errs in his treatment, and there is no chance that talking to him 49 OBLIGATION TO REBUKE
will help, then one is allowed to tell others the lashon hara about THE PHYSICIAN
him. One must minimize one’s statement to, “In this field, this
physician is not an expert.”

5. One’s intention must be solely for the sake of Heaven. It is for-
bidden for a person bring honor to himself at the expense of
the physician’s shame, and it is forbidden to have any personal 1 Question
motives in shaming the physcian.
What does halachah demand of a physician who discovers that his
6. If there is no purpose to the words, such as if the physician is colleague diagnosed or treated a patient incorrectly? Here is an exam-
the only one available and the patient will have to use him in ple that actually occurred:
any case, then it is prohibited to slander him. Doing so would A child who complained of reduced vision in one eye was exam-
be transgressing a Torah prohibition.
ined by an ophthalmologist, who diagnosed a lazy eye. He advised the
7. If those who hear about the physician’s failures will sue the parents to put a patch on the good eye and to follow up two months
physician in secular courts and obligate him to pay contrary to later. The next day, the child was examined by another physician who
halachah (such as if the physician is not insured in our case), found retinal detachment in the affected eye and sent the boy for ur-
then it is prohibited to speak badly about him. gent surgery. Obviously, the first physician either did not examine the
retina or did so superficially, perhaps because of his own limitations

such as visual deficiency or old age.
Is there room to point out the physician’s lack of responsibility to
Is it permissible to make comparisons between the patient or his relatives and to inform them of their right to com-
physicians? pensation for the possible damage had the patient lost his eyesight?
Should one try to withhold this knowledge from the patient or his
1 Question relatives in order to avoid slandering the doctor?

Is one allowed to draw a comparison between two physicians, and Is there an obligation to fulfill the mitzvah of “You shall rebuke
rate one physician as less capable than another? Or would such a your fellow”? Should one rebuke the physician for his careless diag-
thing constitute lashon hara? nosis or incorrect treatment so that he be more careful in the future?
If so, how should this be done?

238 1 Medical-HalacHic Responsa of Rav ZilbeRstein Informing a patient about a mistake 2 231