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1 AnsweR to Question 1 #

If the physician wants to fully atone for his misdeeds, he has to do
several things:

1. He has to pay for any damages that occurred as a result of the A PHYSICIAN REMOVED
surgery, since he is the one who restricted the woman in her 34
THE LEFT KIDNEY INSTEAD
future deliveries. A beis din will determine how much he has OF THE RIGHT AND FOUND
to pay the woman. (This sum is in addition to the return of the THAT IT WAS CANCEROUS
actual payment he received for the surgery.)
2. He has to ask forgiveness from the women on whom he per-
formed unnecessary surgery. As explained in maseches Bava
Kamma 92a, even after the person who caused damage pays for
the damage, he is not forgiven until he asks the damaged party 1 Question
for forgiveness.
A young boy lost both kidneys and awaited a transplant from his
3. I heard from my father-in-law, Rav Y. S. Elyashiv zt”l, that the mother, who was a good match. The woman hired an excellent private
physician would do well to accept upon himself that from now surgeon to perform the transplant surgery. The surgeon mistakenly
on he will not perform any surgery without first consulting with removed her left kidney instead of the right one. Upon examination,
another physician. This is a precaution to ensure that he does this kidney was found to be riddled with cancer. Had he removed
not sin again in this regard. the correct, right kidney, the cancer would have spread throughout
the body and she would have been left with no kidney at all, as the
1 AnsweR to Question 2 right one would have been transplanted to her son and the left would
have been dysfunctional due to the cancer. It turns out that the hand
In order to answer this question, let us discuss a similar case. of Hashem guided the surgeon to save the woman’s life. As wise men
Reuven, who was angry at Shimon, entered his store and broke have said, “A physician’s mistake is the will of the Creator.”
his barrels of liquor. Immediately after he did the damage, the police Two questions can be asked:
entered the store and began searching for illegal alcoholic beverages. Is the physician obligated to pay the woman for damages?
They searched and searched and found nothing. Had Reuven not If the physician is halachically exempt from paying for the damages,
broken the barrels, the inspectors would have certainly found them is the woman obligated to pay the physician for the surgery he per-
and punished Shimon severely. formed, which, in spite of his negligence, saved her life?
The Mekor Chayim was asked whether Reuven is obligated to pay
for the damage he caused. Two answers were given:
1 AnsweR
1. The Mekor Chayim, (written by Rabbi Chayim Sogolovitch, a
posek in Vilna, #33) and the Orchos Hamishpat (Part 2, Mazik, Regarding the first question, as to whether or not the physician is
42:32) both responded that Reuven is exempt. Since immedi- obligated to pay the woman for damages, the basis of the question is

72 1 Medical-HalacHic Responsa of Rav ZilbeRstein Removed the Wrong Kidney 2 77