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           father-in-law, Rabbi Y. S. Elyashiv, ruled that since the parents are not        #
           joyous or happy, they should not recite the bracha.
              A hospital patient fell into a severe depression after overhearing
           the doctors say that his life was hanging in the balance and that ev-
 31  ERRED IN REFRACTION   he didn’t understand, but in truth he did, and the knowledge caused
           ery minute he was still alive was a miracle. The physician thought
 AN EYE DOCTOR WHO
           him more harm than any benefit the medications and treatments may
 MEASUREMENTS FOR
           have given him.
 GLASSES
              Likewise, the knowledge that he is suffering from Hunter disease,
           and that the courts declared he would have been better off had he
           never been born will certainly affect the child emotionally. While the
           secular courts obligated the geneticist to pay for the child’s “inferior-
 1   Question ERRoR in RefRaction MeasuReMents  ity,” the knowledge that he is indeed “inferior” will certainly increase
           his inferiority manifold. Moreover, there are patients suffering from
 An expert and experienced eye doctor erred in the refraction for   the same illness, as well as carriers, and this publicized story is like
 glasses for two brothers who were cross-eyed. The eye doctor’s error   an arrow in their hearts! This is not the Torah way, as we will explain
 was probably due to tiredness. After wearing glasses according to the   below.             20818_efi-ab - 20818_efi-ab | 2 - A | 18-08-20 | 13:29:01 | SR:-- | Magenta
 doctor’s prescription, the boys had difficulties learning and perform-  Even according to a secular outlook, the courts did not rule prop-  #20818_efi-ab - 20818_efi-ab | 2 - A | 18-08-20 | 13:29:01 | SR:-- | Yellow  20818_efi-ab - 20818_efi-ab | 2 - A | 18-08-20 | 13:29:01 | SR:-- | Black  20818_efi-ab - 20818_efi-ab | 2 - A | 1
 ing basic daily activities. The eye doctor re-examined their eye-exam   erly here. With my own eyes I have seen pictures of patients with
 results, found his mistake, and corrected it. He also informed the   Hunter syndrome in medical literature. These non-Jewish patients
 mother that he would compensate her fully for the purchase of the   reached middle age and did not put themselves into eternal sleep
 lenses (a few hundred shekels).   somewhere along the way. They found reason to live despite their dis-
 The mother did not want to accept the money until she clarified   abilities, and they feel they are better off alive than dead, in contrast
 the halachah on this matter. Is the eye doctor halachically required to   to the assertion of the courts.
 pay her?     The father’s description of his son with Hunter syndrome also
           implies that the son feels he has reason to live. He says that the boy
 1   AnsweR  is “exceptionally sweet and intelligent, a happy child who loves life
           despite his many restrictions and suffering.” (May the Holy One,
 It says in the Shulchan Aruch (Yoreh Deah #336:1): If he healed with a   blessed be He, have mercy on him and his family and send him a
 license from a beis din and mistakenly caused damage, he is exempt in   complete recovery, speedily among all other Jewish sick people, and
 a human court but held accountable in the Heavenly Court. The rea-  may he see Torah, mitzvos, and joy in his lifetime.)
 son for the exemption is a Rabbinic decree, as we discussed in detail   Hunter syndrome, as described and portrayed in medical text-
 in the previous sections. Now we need to determine whether an eye   books, is a genetic illness that is transmitted by the female chro-
 doctor who erred in his measurement of the refraction for glasses is   mosome. The illness itself is due to the lack of an essential enzyme.
 included in this exemption.  During the course of this disease, most affected are the bones, the




 50   1  Medical-HalacHic Responsa of Rav ZilbeRstein  Erroneous genetic advice  2   35
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