Page 252 - 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.
5. If the rebuke will cause a negative atmosphere among the med-
ical staff, one has to weigh the probable negative effect on the
patients against the benefit of a rebuke. One should find an
alternate way of delivering the message such as via a relative of
the physician. Remaining silent is prohibited.
6. If the physician’s negligence is likely to cause danger to life, one
has to do everything in order to stop him, even at the cost of
one’s own job or the suffering of the patients.
7. The mitzvah of rebuking someone has to be done calmly and
in a soft tone. For this purpose, one must know human nature,
speak in a way that implies he is trying to judge favorably, and by
way of parable. The time has to be right for rebuke. In general,
one needs much wisdom, understanding, and love for his fellow
in order to fulfill this mitzvah. The rebuke should be given pri-
vately, carefully preserving the honor of the rebuked.
8. If the physician is not capable of fulfilling his job, such as his
vision is poor or he has reached old age, one should notify his
superiors and employers about that. If he is negligent even after
they warned him, one should fire him.
9. This cannot be done without consultation with wise people and
professionals.
Although the Sages do not obligate the physician to pay for
his errors, in order to encourage the physician and give him
strength to devote himself to the holy work of healing the sick,
there is no permission to ignore negligence. One has to do this
with great wisdom so that the rebuke is for the sake of Heaven
and effective. If the unspoken protocol in the hospital becomes
“keep quiet for me and I will do so for you,” then the hospital –
which is a place where the Divine Presence rests – can become
a place of injustice and a den of corruption.
10. A physician who is diligent in his profession and prays for Di-
246 1 Medical-HalacHic Responsa of Rav ZilbeRstein
#
8
ignore his faulty character and problematic remarks, then this defect
is not a serious defect, and it is lashon hara to reveal it.
Rav Aharon Roth shlit”a pointed out that the Chafetz Chaim’s
reference to a “serious defect” applies to someone who is uninvolved
in the matter at hand. If this unconnected third party sees that a girl
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
the relationship will have an effect on the third party, such as in our
case, where if the physician is hired it will affect the entire staff, then
perhaps it is permissible to convince them not to hire him. Perhaps
it is a matter of “your life comes first” and a person can say what he
needs to say in order to protect himself. In other words, in order to
protect himself from harm, a person can reveal even a defect which is
not considered “serious.” Some proof to this are the words of Chafetz
Chaim (Hilchos Lashon Hara 10:14), who writes: “Perhaps the same
applies if his intent in revealing it is to lift the worry from his heart,
for a future benefit.” Perhaps the words of our Sages would apply
here: “If a person is worried in his heart, he should speak about it to
others,” (maseches Sotah 42b) “But one must be careful not to forget
any of the preconditions mentioned above.
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
from my father-in-law, Rav Y. S. Elyashiv zt”l.
The chazzan in Vilna became ill and could no longer perform his
duties on the High Holidays. The leaders of the city and the head of
the congregation met to choose a new chazzan from among the candi-
dates. They studied the words of the Rama (Orach Chayim #581) and
learned that the characteristics required of a cantor are: He should
have a pleasant voice, be learned in Torah and good deeds…he should
have a beautiful countenance; he should be at least thirty years old
and married. Based on this, they set their sights on one of the greatest
Torah scholars who had nearly all these qualifications, except that his
voice was not sweet. When Rav Chaim Brisker heard their decision,
he said: If they would have asked me, I would have ruled differently,
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-a
# 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