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applies to medical mistakes, but to errors due to the physician not tient’s age an infection of the sinuses was not a reasonable diagnosis.
having studied the matter adequately, in which case he is obligated
to pay. The Chida is also of the opinion that if the physician himself
admits he did not investigate the illness adequately, and gave medica-
tions that harmed the patient, he is obligated to pay for the damages,
as we discussed at length above.
According to this, if the first physician made a common error in
judgment, he is exempt in a human court but liable in a Heavenly
Court. But if he was negligent and did not study the case well, or did
not delve into it adequately, he is obligated to pay.
And now to the question: Is one allowed to tell the patient that the
tooth was removed in haste? Speaking lashon hara is forbidden unless
for some benefit and only if all the conditions cited by Chafetz Chaim
above are present. If one of the conditions is missing, such as if the
second dentist thinks that the patient may not sue the first dentist
or that the beis din will not declare the dentist liable, then there is no
purpose in speaking badly. It would then be prohibited to relate the
negative information about the dentist.
1 SuMMaRy and Conclusions
Letoeles, it is permitted to relay the negative information. If there is no
benefit, it is forbidden.
248 1 Medical-HalacHic Responsa of Rav ZilbeRstein
#
He gave different medications, which helped.
After looking into the first physician’s work, it became obvious that
he is often negligent. Is one obligated to reveal this to his supervisors?
Perhaps, since this will cause hatred on his part and a breakdown of
the relationship with him - and he might possibly even try to take
revenge on the person who rebuked him - there is no obligation to
rebuke him?
Before answering the questions, let us discuss a third question. (For
obvious reasons identifying details have been changed.)
To the honorable Rav…shlit”a
While doing the night shift in the hospital I was shocked to over-
hear the administrator hold a long private conversation with relatives
in the United States (meaning, using the hospital phone, at a time
when overseas conversations were extremely expensive). If I point this
out, it will definitely cause tension in our relationship and between
us, and it is likely to cause me harm as well. Am I obligated despite
this to say something to him or report to his supervisors? Perhaps I
am allowed to ignore his action, so that he not harm me?
1 AnsweR to Question 1
The Chafetz Chaim (Hilchos Rechilus #9) says: If a person is about to
hire a worker and someone recognizes him as a thief, it is a mitzvah for
him to reveal that to the prospective employer, because the Torah says
“Do not stand idly by the blood of your fellowman” (Vayikra 19:16).
So, too, if someone sees a woman about to become engaged to a man
with “serious defects,” and if she knew she would not marry him, one
is obligated to reveal this it to her. However, several conditions have
to be satisfied:
1. The defect is a serious physical ailment rather than a form of
weakness.
2. It is prohibited to exaggerate the illness.
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