Page 94 - 20818_park-B_efi
P. 94
from payment of damages in a human court because of the Rabbinic
Payment to a physician who performed surgery decree “for the good of the world” (otherwise, physicians would stop
negligently but saved a life practicing medicine and saving lives).
In this context it would be fitting to relate something we heard
1 Question from Dr. Y. Gat:
An airplane passenger once suffered a heart-attack while the plane
An expert physician decided to perform surgery and to remove an was in midair. The cabin crew asked for any physician on board the
enlarged prostate gland. The decision was negligent, because other plane to come and save the sick passenger. Two Israeli physicians
ways of treating an enlarged prostate were not considered. It seems began to apply resuscitative measures. They worked on him for four
that he is not entitled to get paid for the surgery, since he caused the hours and then the patient went into cardiac arrest. Suddenly, an
loss of an organ unnecessarily and made the patient sterile. On the American cardiologist appeared. With their combined efforts, the
contrary, it seems that the physician should pay the patient for the patient survived.
wound he inflicted. However, during the surgery an unanticipated When the plane landed and the patient was taken to a hospital
malignant growth of the prostate was discovered. by ambulance, the two physicians asked the cardiologist, “Why did
In light of this, is the physician entitled to get paid despite his neg- you wait until the cardiac arrest, and why did you not come when
ligence in performing the surgery to begin with? physicians were first requested?”
“By American law,” answered the cardiologist, “an attorney will ad-
1 AnsweR vise the family of the patient to blame the physician for mistreatment
and flaws in his conduct and to sue him. That is why I held back,
According to the words of the Chida (above) on the case of Geviha thinking, why should I get myself into trouble? I’ll stand back and
ben Pesisa, the law exempts Geviha from paying because the here- pray for my colleagues’ success. When the patient went into cardiac
tic’s intent was to do harm, even though it was ultimately beneficial. arrest and was considered legally dead, I was able to come forward
Geviha could go beyond the letter of the law and pay him as an expert and assist without any concern of being sued.”
physician. This principle can be applied to our case as well; since the The words speak for themselves and there is no need to bring fur-
intent of the physician was not to benefit the patient by removing his ther proof of the wisdom of our Sages in exempting a physician who
enlarged prostate, and his actions were unlawful, one does not pay errs from payment for damages.
him. In this context, we will cite two other questions that came to our
To the physician’s credit, we can claim that while he was negligent attention:
and hasty in his decision, he certainly had no intent to do harm.
Nonetheless, the patient is exempt from paying him, for his intent
was to remove the prostate when he had other treatment options.
However, according to the view of my father-in-law, Rav Yosef A Hatzalah volunteer was sued for stealing
Shalom Elyashiv zt”l, cited above, they should pay him like a regular
surgeon who is removing a growth, but not like an expert physician. 1 Question
A man collapsed in his home and called Hatzalah for help. After he
88 1 Medical-HalacHic Responsa of Rav ZilbeRstein Error in Refraction Measurements 2 20818_efi-ab - 20818_efi-ab | 3 - B | 18-08-20 | 13:29:01 | SR:-- | Cyan 20818_efi-ab - 20818_efi-ab | 3 - B | 18-08-20 | 13:29:01 | SR:-- | Magenta 20818_efi-ab - 20818_efi-a
#
# 20818_efi-ab - 20818_efi-ab | 3 - B | 18-08-20 | 13:29:01 | SR:-- | Magenta #20818_efi-ab - 20818_efi-ab | 3 - B | 18-08-20 | 13:29:01 | SR:-- | Yellow
