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doctor removes more of a vital limb than necessary, that might be # 20818
considered wounding after all.
Nonetheless, although the doctor may be guilty of wounding, he
would not need to pay for the damages since the patient did not lose
any of his value because of the additional centimeter. As explained in CAN A PHYSICIAN
the Shulchan Aruch (Choshen Mishpat #420:15) one assesses payment 59 WORKING FOR AN
for damage according to how much less the person is worth as a result INSURANCE COMPANY
of it. Therefore, in practice, he has to repent and to inform the gov- INFORM THE INSURED
ernment or the insurance companies that he cut off more than needed PARTY THAT HE IS
without any justifiable medical reason. ENTITLED TO GREATER
Regarding the claim that the doctor did not cause an additional COMPENSATION?
wound by cutting off more than necessary, the Beis Yitzchak (Yoreh
Deah, Part 1 #142) writes that one who uproots a fruit-bearing tree is
flogged for transgressing the prohibition of bal tashchis. As the Torah
writes (Devarim 20:19): “When you besiege a city…. do not destroy
its trees by wielding an axe against them.” Even if one detaches just
one branch from a tree, says the Beis Yitzchak, he violates half the 1
measure of the prohibition. So, too, if one cuts off part of a limb that Question
will not grow back, he violates the prohibition of wasteful destruction A man was hit by an automobile and lost one of his eyes. The hospital
(bal tashchis) and perhaps also (Bereishis 9:5), “Your blood …I will declared him 35% disabled. I was asked, as the insurance company’s
demand.” physician, to evaluate his claim. When I examined him, I found that
Living man is composed of 248 limbs and 365 tendons, and cutting his second eye was also damaged and that in truth he is considered
off part of them is viewed as partial killing. The organs do not just 60% disabled.
service man; they are life itself. This is why it says in maseches Bava Should I reveal this fact to the man or am I allowed to remain
Kamma (65a) that if one steals an animal and wounds it and finally silent so that the insurance company will not see me as someone who
slaughters it, the obligation of “five cattle he will pay for the ox [he does not have their interests in mind, and thus hold back from refer-
stole and slaughtered] and four for the lamb” (Shemos 21:37) begins as ring other patients to me?
soon as he wounds it, since cutting off even part of a limb is viewed
as partial killing. 1 AnsweR
It says in the Shulchan Aruch (Yoreh Deah #157:1) that if one is
threatened with death if he does not transgress any of the prohi- It says in the Sifra (Kedoshim 2:4): if a person knows that he can testify
bitions of the Torah (aside from the three cardinal sins of idolatry, for his fellowman and does not testify, he violates “Do not stand idly
murder and forbidden relations) then he is required to transgress, in by the blood of your fellowman.” (Vayikra 19:16). (Blood means two
privacy, rather than die. The Rama adds: If he has the opportunity to things: life, and assets, which are acquired through blood [effort].)
save himself using all his assets, he has to give up all his assets rather Furthermore, if a person does not testify what he knows on behalf
292 1 Medical-HalacHic Responsa of Rav ZilbeRstein Informing someone that he is entitled to compensation 2 305
