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this we learn that one should not tell a patient that the results of   in a yeshivah ketanah refuse to dismiss a child from the
 his vision tests are not good, but rather one should say that the   school if the principal instructs him to do so? Does this
 results of the previous test were better.  not resemble the situation at hand? The principle wants to
 There was once a patient who was unaware of the true nature of   dismiss the child for the good of the institution and for the
 his illness. Once he was tested by an expert physician, who informed   good of the other children. Perhaps the teacher sees what
 him that was stricken with a certain disease. The patient was shocked   is good for the specific child standing before him. Who has
 to hear this ominous news. Had the physician been careful not to   the right to make the final decision?
 impart sad news, he would not have stumbled.  These are some random thoughts, not completely de-
 So, too, one should not reveal bad news to a patient. As explained   veloped, which occurred to me while reading Dr. Brayer’s
 in Shulchan Aruch (Yoreh De’ah #337): A patient whose relative died   letter, without truly knowing the facts. Therefore, I do not
 should not be told, lest he go out of his mind. One should also not re-  feel that my words come to dispute Dr. Brayer’s, but only
 veal bad news to a woman who has just given birth because for seven   to arouse some new thoughts.
 days she has a presumption of being in danger. (Orach Chaim, #329)  Prof. Shimon Glick, Internal Medicine,
 Our Sages state, in Tractate Niddah (31b), that a woman after child-  Be’er Sheva
 birth should bring a korban since the labor pains cause her to swear
 that she will no longer be available for her husband. Why does the   To the honorable Rav, shlita.
 Torah rule seven days later for a male son and fourteen days later for   Regarding Dr. Brayer’s question about transferring an
 a female? The extra joy that comes with the birth of a son causes the   elderly patient, the transfer can certainly lead to cognitive
 mother to regret her oath sooner. We see from here that joy causes   change (mostly confusion) and emotional deterioration
 the mother to heal. How can we cause her anguish at a time like this?   such as depression.
 Our Sages say (Berachos 58a; Kesubos 62a) that a sigh of anguish can   Any transfer of a person against his wishes is an affront
 break a person’s body. How can we cause a woman within seven days   to his dignity and his freedom to choose. An infirm pa-
 of childbirth to fall apart from anguish?  tient in need of nursing care, who is often helpless, is more
 The Birkei Yosef (Yoreh De’ah #402:12) and Pischei Teshuvah (ibid   sensitive to this and may become depressed. The transfer
 s.k.12) cite Responsa Panim Me’iros which states that one should not   symbolizes a further deterioration of his condition, bring-
 relay tragic news on Shabbos or a holiday, and even Purim, because it   ing him one step closer to the end.
 is forbidden to cause a person pain or hold back his joy on those days    On the other hand, despite the difficulty in overcoming
 where there is an obligation to be happy.  these feelings, the physician and the administration bear a
                     responsibility towards all their patients. They must deter-
 1   AnsweR to Question 3  mine whether leaving the patient in the department will
                     cause harm to the other patients. The injunction to “heal
 In regard to the third question about when and how to tell a patient   he shall heal” applies to all the patients in that department.
 that he is in the process of becoming blind, our answer is: One should   The amount of staff-members in a unit for the infirm is
 hint this to him in a way that leaves room for doubt. One should tell   smaller than in a nursing ward. Leaving a nursing patient
 him: It is possible that your vision will gradually weaken, and there-  on the geriatric ward puts pressure on the staff to devote




 118   1  Medical-HalacHic Responsa of Rav ZilbeRstein  Transfer of a Patient  2   143







































































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