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Was it proper to sue the plastic surgeon, thereby causing him 6. All we discussed about exempting a physician from payment
harm? for errors applies to a physician who works diligently, according
3
to his ability and his knowledge. However, if the error is due to
1 AnsweR the fact that he did not pay attention to the matter, then he is
clearly obligated to pay, even if his salary was a fixed, monthly
A person is allowed to claim what is his, even though that claim will amount. Therefore, in our case, if the physician erred because he
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harm his fellowman. Tosfos (Bava Kamma 54b, s.v. veYisrael), explains was tired, he is obligated to pay compensation even by a human
as follows: It is permissible for a Jew to sue a gentile, even though the court.
gentile will then go and steal the money from its owner.
The Shulchan Aruch (Yoreh Deah #168:12) rules that if a Jew lent
money to a gentile for usury with a security, and later the gentile said
to him, give the security to Reuven so he can sell it and he will pay Lenses or eyeglasses that break during the
you your money… and Reuven held onto the money… the lender examination
can demand all the interest from the gentile, and if the gentile forces
Reuven to collect the interest because he held onto the money and 1 Question
delayed paying it to the lender, what difference should it make? (See
Chavos Daas, Beiurim #18). I would like to ask an additional question:
The Chavos Yair (#213) writes similarly about the Jew who de- What is the law if, during the examination of the eyeglasses of a
manded his money in court from a prince who owed it to him, and client, the glass lens broke? Does the eye doctor have to pay to fix the
the Jews in the land of the prince begged him to give up his claim, problem?
because the prince would then take revenge on them. He ruled that
these Jews could not ask the lender to lose what was owed him. 1 AnsweR
In light of this, it seems that in our case, the patient was allowed to
sue for what is owed him by the surgeon, although the surgeon was In Sefer Ketones Yosef, by Rabbi Yosef Bardugo, zt”l (Nizkei Mamon,
hurt by the publicity. p. 4), he cites in the name of the Peri Haadama (p. 28b):
Reuven showed a dinar to Shimon. In order to evaluate
the coin, Shimon bent it, and it broke into two pieces.
If it is the normal custom of experts to bend the coin in
Loss of security money through gambling – order to evaluate it, then the case is like an animal that
should the gambler be put in jail? died while it was working. But if Shimon saw a thin crack
in the coin and bent it over, he is considered someone who
1 Question caused damage actively.
A messenger was handed money by a rabbi to take from one place The Ketones Yosef then adds:
to another. The messenger foolishly decided to gamble money in the According to my limited intellect, it seems to me that one
90 1 Medical-HalacHic Responsa of Rav ZilbeRstein Error in Refraction Measurements 2 59
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