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31 AN EYE DOCTOR WHO
ERRED IN REFRACTION
MEASUREMENTS FOR
GLASSES
1 Question ERRoR in RefRaction MeasuReMents
An expert and experienced eye doctor erred in the refraction for
glasses for two brothers who were cross-eyed. The eye doctor’s error
was probably due to tiredness. After wearing glasses according to the
doctor’s prescription, the boys had difficulties learning and perform-
ing basic daily activities. The eye doctor re-examined their eye-exam
results, found his mistake, and corrected it. He also informed the
mother that he would compensate her fully for the purchase of the
lenses (a few hundred shekels).
The mother did not want to accept the money until she clarified
the halachah on this matter. Is the eye doctor halachically required to
pay her?
1 AnsweR
It says in the Shulchan Aruch (Yoreh Deah #336:1): If he healed with a
license from a beis din and mistakenly caused damage, he is exempt in
a human court but held accountable in the Heavenly Court. The rea-
son for the exemption is a Rabbinic decree, as we discussed in detail
in the previous sections. Now we need to determine whether an eye
doctor who erred in his measurement of the refraction for glasses is
included in this exemption.
50 1 Medical-HalacHic Responsa of Rav ZilbeRstein
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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-
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
him more harm than any benefit the medications and treatments may
have given him.
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-
ity,” the knowledge that he is indeed “inferior” will certainly increase
his inferiority manifold. Moreover, there are patients suffering from
the same illness, as well as carriers, and this publicized story is like
an arrow in their hearts! This is not the Torah way, as we will explain
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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 2081
erly here. With my own eyes I have seen pictures of patients with
Hunter syndrome in medical literature. These non-Jewish patients
reached middle age and did not put themselves into eternal sleep
somewhere along the way. They found reason to live despite their dis-
abilities, and they feel they are better off alive than dead, in contrast
to the assertion of the courts.
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
is “exceptionally sweet and intelligent, a happy child who loves life
despite his many restrictions and suffering.” (May the Holy One,
blessed be He, have mercy on him and his family and send him a
complete recovery, speedily among all other Jewish sick people, and
may he see Torah, mitzvos, and joy in his lifetime.)
Hunter syndrome, as described and portrayed in medical text-
books, is a genetic illness that is transmitted by the female chro-
mosome. The illness itself is due to the lack of an essential enzyme.
During the course of this disease, most affected are the bones, the
Erroneous genetic advice 2 35