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Therefore Reuven should still be obligated to pay for the damages. I over his colleague, because, as we learned in the Gemara we cited at
heard this also from my brother-in-law, Rav Chaim Kanievsky shlit”a. the beginning of our discussion, If he says “I will bring you a doctor
from far away,” the damaged party can answer him: “A doctor from

far away has blind eyes.” As the Rosh and Rashi explain, this implies
that the local physician will apply himself more since he fears losing
his good reputation. Likewise the Gemara states that every person is
2. Hitting a mute person with a car and worried about being called “an ox that harms.” This would especially
thereby curing her apply to a senior physician who certainly does not want a bad name

and will make every effort to repair what he damaged. One should
1 Question choose him over another physician, as two of the reasons given as to

A woman developed an illness and became unable to speak. After sev- why the patient should not use his damaging surgeon do not apply
eral years, she was hit by a car while crossing the street, and thrown to him.
far off into the air. After the accident, she began to speak. It seems
that being hit by the car moved some nerves in her brain, and so she 1 SuMMaRy and Conclusions
was cured. At the same time her ribs were hurt. Is the driver obligated
to pay her for the damage? 1. A patient has to be at ease with his physician, and trust him.
If the patient feels uncomfortable about his treatment, another
1 AnsweR physician should be sought for.
2. “A physician who heals for nothing is worth nothing.” Since he
It seems that the driver is exempt from paying for damages because is not anticipating payment, he cannot be totally devoted to the
the wound itself cured her and was of immediate benefit for her. needs of the patient.
This case resembles the case of Rabban Gamliel who blinded the eye
of his servant, Tavi. As stated above, the Beis Yitzchak explains that 3. A local physician is much more careful so as not to lose his rep-
there is no sin here at all, because the injury itself was the cause of his utation and he is preferable to a physician from afar. A physician
freedom. who comes from far away may also mislead people to believe
However, I think that the driver should pay for the damages he that he is an expert in his specialty.
caused, because he did two things at once. On the one hand, he shook 4. We should take into account that awaiting an appointment with
up her brain and thereby cured her from her inability to speak. On a physician from afar can “weaken the eyes” of the patient. (This
the other hand, he broke some of her bones, and for this he is obligat- may also apply if the wait for an appointment is long.)
ed to pay for the injuries and to ask her for forgiveness.
Although one usually assesses the injured person’s value before and 5. In view of the above, a physician who damages a patient cannot
after the wound, and it is clear that the woman is now “worth” more purport to fix the damage himself for free, even if he is an expert
because she is speaking. Nonetheless, the driver has the responsibility physician and has great knowledge and wisdom. This is for two
to pay her for lessening her value by breaking her ribs. (As will be reasons:
explained below in the answer to Question 2, the driver cannot ask a. The patient is not at peace with him.

80 1 Medical-HalacHic Responsa of Rav ZilbeRstein Who should repair the damage? 2 69