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even from the Heavenly Court, because in most cases like this the
other testicle is healthy and one can assume that the child will be
able to sire children and will suffer no lasting effects from the damage
to one of his cords. Therefore, as long as he was as dilligent and as
careful as he should be and there was no negligence involved, even
Heavenly judgment would not demand anything from him. The
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Aruch Hashulchan (Yoreh Deah #336:2) writes that if a medical error TABLE OF CONTENTS
was not due to any negligence at all, then the doctor is considered
completely innocent. As someone wisely said, a doctor’s error is the
will of the Creator. Even if the doctor inadvertently caused a death,
“it appears to me that he should not be exiled for it, for he is no worse
than a father or a teacher who killed accidentally, who are exempt 27 COMPENSATION FOR PHYSICIANS’ ERRORS ....................7
from exile.” A dentist who drilled the wrong tooth ......................................13
The Misgeret Hashulchan writes (Yoreh Deah #336, end of 1) that Is there a prohibition involved in reconnecting a severed sper-
only mistakes that are commonly made by professionals are exempted matic cord? ....................................................................................21
by the Sages, but if other physicians conclude that he should have Deception in shidduchim .............................................................. 22
known better, then he is obligated to pay for the damages. The Chida
also writes in his Sefer Tov Ayin (#9:8), that if the physician admits 29 DAMAGE CAUSED BY AN ALTERNATIVE HEALER .........24
that he did not sufficiently look into the illness and therefore admin- A licensed physician who unintentionally caused damage in a
istered medications that caused damage to the patient, he is obligated foreign country ............................................................................26
to pay for the damages.
In view of the above, if the physician undertook surgery for which 30 A PHYSICIAN WHO GAVE ERRONEOUS GENETIC
he was not fully prepared, he is obligated to pay even in a human ADVICE ...........................................................................................30
court. (If the patient’s life was in danger and no other physician was Why are blemished children born? ........................................... 36
available, he is certainly exempt, both in human and Heavenly courts.) Obligation to recompense someone for therapy expenses and
In our case, and others like it, he is exempt because we can safely suffering .......................................................................................40
assume that he did not cause lasting damage to the child, as the child
will be able to sire children through the other spermatic duct.
31 AN EYE DOCTOR WHO ERRED IN REFRACTION
The right thing for the physician to have done in such a case was MEASUREMENTS FOR GLASSES ...........................................50
to honestly record what took place in the child’s medical records Lenses or eyeglasses that break during the examination ........59
immediately (since if the child ultimately becomes sterile, the physi-
cian’s guilt will be discovered). At this point, he should not reveal the Obligating physicians to pay for damage leads to deleterious
damage to the parents in order not to cause them unnecessary pain. results ...........................................................................................60
He should wait until the child develops, and when he reaches the age A Hatzalah volunteer was sued for stealing ..............................61
where corrective surgery is advised, he should tell the parents what Does a drunk person pay for transportation to the hospital? 62

20 1 Medical-HalacHic Responsa of Rav ZilbeRstein Table of Contents 2 1

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