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because the basic identifying feature for a chazzan is that he have a In this case, one can be lenient and prohibit only the meat that he
sweet voice. The other qualifications would give him priority over the slaughtered after the death of his parents.
other candidate only once he has the main qualification. Moreover, if a ritual slaughterer was sick and after he recovered, he
According to this approach, my father-in-law explained that the made a halachic error, then one can assume that he became confused
identifying feature of a good doctor is his expertise and experience in because of his illness, and one can permit the meat that he slaugh-
medicine. It is explained in the Mishnah Berurah (#618:10), that if the tered before his illness.
most expert physician believes that the patient should eat on Yom Kip- The Sefer Tuv Taam Vadaas (Chapter 35) writes that if a shochet
pur, we feed him, even if 100 physicians say otherwise. Being accepted refuses to show his knife to his colleague, he should be fired. A G-d
and beloved by his colleagues and having good character traits are fearing shochet will want to show his knife and save himself from er-
only additional qualities that would give him preference over another ror. His refusal to do so may be an indication of lack of fear of Heaven
once the primary identifying feature is in place. Therefore, when the or lack of skill.
questioner describes the candidate as an expert physician with much From the above examples, we learn that if one can judge favorably,
experience, he is describing someone who has the main qualification and find a solid specific reason for the error, it is possible to be lenient
necessary for the job. It is thus difficult to call his character flaws a and encourage the person to review his studies and apply himself and
“serious defect,” at a time when we are obligated to find a physician repent of his negligence. If there is no reason for his error, then one
who has the basic qualifications of expertise and experience. Thus it must warn him, and if he does not repent, one must have him fired.
would be forbidden to speak lashon hara about him to the supervisor.
This was the view of my father-in-law zt”l. 
What if two candidates had presented themselves, both expe-
rienced and experts in their field? The first has more vast medical 1 SuMMaRy and Conclusions
knowledge but the second has a more pleasant personality and a
better bedside manner? If the differences are not acute, then one 1. The Sages were lenient with a physician who erred unintention-
should choose the latter. The physician’s good character traits help ally. Even if he acted intentionally and did not make the correct
the healing process. As it says (Mishlei 18:14): “The spirit of man feeds diagnosis, and, as a result, he did not find the retinal detachment
an illness.” Therefore, if the second physician’s level is not much be- and the patient lost his eyesight, that does not make him liable,
low that of the first in knowledge and has good personal traits, it is in a human court, to pay for his failure.
permissible to talk about the first and prevent his acceptance for the
position. A person’s life is sometimes affected by the kind personality 2. If the physician or the hospital is insured by an insurance
and good traits of the physician. A patient physician who encourages company, the patient or family can sue for the amount of the
the patient can give him a cure and long life. insurance. And one should inform the family that they ought to
sue for the money due them.

3. Lashon hara is permitted regarding a physician who regularly
1 AnsweR to Question 3 misdiagnoses, and only if the conditions cited above from the

The obligation to rebuke the administrator is based on two mitzvos: Chafetz Chaim are met.
a) “You shall rebuke your fellowman and not bear sin because of him,” 4. If one will certainly suffer personally for rebuking the doctor,

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