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according to his appraisal (maseches Bava Kamma 46b). This is only if
the words of the physician will be accepted verbatim. If the insurance
company tends to unfairly minimize the disability further, the doctor
should cite the highest possibility of damage so that the injured per-
IS A DOCTOR WHO SWORE son at least receive the amount that is due him, according to the law.
HIMSELF TO SECRECY
OBLIGATED TO REPORT A
61 DRIVER WITH DEFICIENT
VISION?
A beggar uses medical documents to deceive
people
1 Question
1 Question
An imposter posing as a sick person, using medical documents, goes
A patient asked to be examined on condition that the physician swear begging at people’s doors asking for charity. Is the physician obligated
to him that the results of the examination remain secret. The physi- to publicize that he is an imposter, or is he not allowed to do anything
cian either swore or sealed the agreement with a handshake. He then about this?
discovered a visual deficiency that makes the patient a public danger (Unlike in the previous case, here the beggar does not actively steal
while driving. Is the physician obligated to reveal the deficiency to the money from people; he does not force them to give him money. How-
authorities despite his oath? ever, he deceives them by posing as someone ill.)
1 AnsweR 1 AnsweR
A woman once asked her physician, before an examination, to swear It is probably permissible for the physician to look away and remain
not to reveal the secret of her illness. A little while later, she got mar- silent. He is not obligated to publicize the imposter. As we learn in
ried, but the marriage did not go well and the husband wanted to maseches Kesubos (67b): Rabbi Chaninah would regularly send four
divorce her. The beis din summoned the physician to testify to the zuz to a poor man for Shabbos. One day, he sent that sum through
woman’s illness. The question arose as to whether or not the physi- his wife, who came back and told him that the man did not need it.
cian’s oath is valid. Perhaps since the oath nullifies the mitzvah of tes- Rabbi Chaninah asked her: What did you see? She replied: I heard
tifying in court, it resembles an oath not to sit in a sukkah on Sukkos, his wife asking him: On what will you dine? On the white linen cloths
which is invalid. As explained in maseches Nedarim (16a), one cannot or on silk? Rabi Chaninah remarked: It is because of such cases that
swear to transgress. Rabbi Elazar said: Come, let us be give thanks to imposters, for were
This question was brought before my father-in-law, Rav Y. S. El- it not for them, we would have been sinning every day, for it says
yashiv, and he answered that the oath is valid. He based his response (Devarim 15:9): ”And he cries unto Hashem against you, and it will
on the story in maseches Yoma (84a) about Rav Yochanan who became be your sin” (i.e. in the merit of the deceivers we are not punished for
320 1 Medical-HalacHic Responsa of Rav ZilbeRstein Patient malingering 2 341 # 20818
