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                                                                                                                                                                                                                                                                   5
                              PATIENT OPPOSES TELLING                                                         TRANSFER OF A PATIENT
 #
                              HIS WIFE THAT HIS DAYS                                                          FROM WHERE HE IS, TO A
               83  ARE NUMBERED                                                                85  PLACE WITH WORSE CARE






                   1    Question                                                                   1    Question

               In the framework of my job as a social worker, I am dealing with a
               cancer patient whose days are numbered, a man who is ill with CP,               In the framework of my work in geriatrics, I am often faced with the
               married, and a father of two young children. His wife is also ill with          following scenario: A patient is confined to a wheelchair, is incon-
               CP and depends on him completely.                                               tinent, and needs assistance every day or most days with the daily
                  The patient refuses with all his might to tell his wife about his            activities of washing, dressing and eating.
               situation, so that she can prepare herself technically and emotionally.            Often, an elderly person who lives in an old-age home deteriorates
                  This situation put me into an ethical dilemma of serious import.             to the point where he is in need of such care. Under these circum-
               On the one hand, I must be faithful to my patient and protect his               stances, as medical director, I am obligated by law to fill out a medical
               medical confidentiality. On the other hand, it is my obligation, as part        report on his functional aptitude, to be sent to the Ministry of Health
               of my profession, to prepare the wife and the children for what lies            in order to approve his need for nursing care. After the approval,
               ahead, so that they don’t break down and collapse.                              many nursing-care patients wait a long time until they are assigned
                  Can the Rav refer me to Torah sources that deal with my ethical              to geriatric hospitals. (This process may drag on for many months
               dilemma in the field of medicine? I would appreciate your opinion,              because of budget constraints of the Health Ministry.) Until then,
               as a Rav of a congregation- how would you deal with something like              the patient remains in the old-age home or at home, under medical
               this?
                                                                                               care and supervision which, in some cases, does not meet even the
                                                                                               minimal requirements.
                   1    AnsweR
                                                                                                  Some of the elderly patients are of sound mind, and explicitly state
               It is a serious prohibition to reveal a secret. As explained in Mishlei         that they do not want to be transferred to a different institution, since
               (20:19) “He who reveals secrets is a talebearer.” It says in  Tractate          they are happy where they are now. Some patients’ mental state will
               Yoma (4b): How do we know that if one hears something from his                  be adversely affected by the move to a nursing home facility. Leaving
               friend, it is in the category of those things that cannot be repeated,          their current place of residence, which has been a home to them, can




        122              1  Medical-HalacHic Responsa of Rav ZilbeRstein                       Transfer of a Patient  2                                        139
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