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PHYSICIAN VERSUS AN #
EXPERT PHYSICIAN – ON APPOINTING A YOUNG AND
YOM KIPPUR AND IN CAPABLE PHYSICIAN WHO
100 THE ESTIMATION OF 99 HAS JUVENILE DIABETES
DAMAGES

1 Question Physician has Juvenile Diabetes

1 Question Two positions became available in the ophthalmology department
of the hospital. Nineteen candidates presented themselves. I inter- 20818_efi-ab - 20818_park-C_efi-ab | 9 - B | 18-08-20 | 13:46:24 | SR:-- | Magenta
I wish to present two possibilities of differing views of two physicians viewed them all and was greatly impressed by one young physician. #20818_efi-ab - 20818_park-C_efi-ab | 9 - B | 18-08-20 | 13:46:24 | SR:-- | Yellow 20818_efi-ab - 20818_park-C_efi-ab | 9 - B | 18-08-20 | 13:46:24 | SR:-- | Black 20818_efi-ab - 20818_p
where the expert physician tends to the more lenient side: He is kind, capable, industrious, and of good character. He also

1. The physician determined that a patient is dangerously ill and suffers from juvenile diabetes, which can sometimes express itself in
has to eat on Yom Kippur. An expert physician disagreed. He typical complications such as impaired vision, and impaired sensation
felt that the patient was not in danger and thus obligated to fast in his hands, which will typically appear at the approximate age of 45.
on Yom Kippur. Do we rule according to the expert, and obligate The question is, should we take him in as an intern in order for
the patient to fast, or must we take the other physician’s opinion people to benefit from his present capabilities, or must we consider
into account, being that there is a possibility of human danger the fact that since he is likely to become seriously limited at the age of
here? 45, and his superiors would not know this, we would inadvertently be
causing them harm? What should we do?
2. A man injured in a highway car accident was assessed by one
physician as being 50% disabled. An expert physician estimated Prof. P. Nemet, Director of the Eye Department, Assaf
the disability at 80%. Can one sue the damager based solely on Harofe Medical Center, Tel Aviv
the expert’s estimation?
1 AnsweR
1 AnsweR It says in Tractate Berachos (54a): One blesses Hashem for the good
as well as the bad. The blessing is Hatov Vehameitiv. The Rambam
There are several levels of physicians defined by the poskim: explains (Mishnah Commentary) that if a good thing happens to a
1. A physician who is licensed to practice medicine (Shulchan person, although the end may be bad, he should recite the blessing
Aruch, Yoreh De’ah #336:1) Hatov Vehameitiv. For example, if one finds a treasure and another

260 1 Medical-HalacHic Responsa of Rav ZilbeRstein Physician has Juvenile Diabetes 2 257