Page 30 - 20818_park-B_efi

29 DAMAGE CAUSED BY AN This volume is dedicated to the memory
of our dear parents
ALTERNATIVE HEALER

Saul Feingold
ל״ז קחצי ןמלז
)1999 רבמטפסב 2( ס״שת לולא ב״כ רטפנ


1 Question

Esther Feingold
If an alternative healer caused damage to a patient, is the ruling re- ע״נ ןהכה ןרהא תב רתסא
garding him the same as for a conventional doctor who erred?
)2008 רבמבונב 27( ט״סשת ןושח ט״כ הרטפנ

1 AnsweR 

James Janus Liebowitz
In the United States there is a law that if a physician causes damage
unintentionally, he has to pay huge sums of money. In Torah law, there ל״ז ריאמ ןב בקעי
is no basis for this obligation. Rather, a physician who is licensed by )2003 ץרמב 21( ג״סשת ׳ב רדא ז״י רטפנ
a beis din, meaning by the licensing authority (according to Aruch 
Hashulchan, Yoreh Deah #336:2), and causes damage unintentionally
is exempt from payment. This implies that he fulfilled his obligation Bettie Liebowitz
with due seriousness and attention. Torah law exempts him by Rab- ע״נ הקבר תב הכרב
binic decree so that physicians will continue to practice medicine. )2011 ינויב 10( א״עשת ןויס ׳ח הרטפנ
Thus by Torah law, a physician who caused damage unintentionally
does not pay, as explained in the Shulchan Aruch (Yoreh Deah #336:1).
According to some poskim, the physician also needs the permission .ה.ב.צ.נ.ת
of a beis din made up of talmidei chachamim, as clarified in Responsa
Menachem Meishiv (Kirschbaum, Part 2 #21).
Aaron Joel Feingold, MD
I once witnessed the dedication of hospital physicians. They were
in the middle of resuscitating a patient and the nurse rushed in with Brenda Ina Liebowitz
the cart containing the necessary equipment. There was a bag in the

24 1 Medical-HalacHic Responsa of Rav ZilbeRstein 20818_efi-ab - 20818_efi-ab | 1 - B | 18-08-20 | 13:29:01 | SR:-- | Magenta 20818_efi-ab - 20818_efi-ab | 1 - B | 18-08-20 | 13:29:01 | SR:-- | Cyan 20818_efi-ab - 20818_efi-a

#

# 20818_efi-ab - 20818_efi-ab | 1 - B | 18-08-20 | 13:29:01 | SR:-- | Magenta #20818_efi-ab - 20818_efi-ab | 1 - B | 18-08-20 | 13:29:01 | SR:-- | Yellow