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IS IT PERMISSIBLE FOR A TRAVELING ON SHABBOS
PHYSICIAN TO DEMAND TO A MORE DISTANT
THAT RELATIVES COME HOSPITAL FOR THE
109 ON SHABBOS TO GIVE 107 PATIENT’S MEDICAL
CONSENT FOR SURGERY? RECORDS

1 Question DeManding Relatives' consent on Shabbos 1 Question TRaveling to Distant Hospital foR Medical RecoRds

A woman suffered complications during childbirth, and the placen- This is a question that often arises on Shabbos: A dangerously ill pa-
ta did not come out. The physician determined that she required tient or a woman in labor have a choice between two hospitals. One
emergency surgery to remove her entire womb; otherwise she was in hospital is closer to the patient’s home, but going there will engender
danger of death. more desecration of Shabbos. Hospital personnel will have to record
On a weekday, one would not perform surgery of this nature the patient’s medical history in writing, and do blood tests, which
without the husband’s (or other relative’s) consent. Otherwise, the engender the Torah prohibition of “taking the soul.” The second hos-
husband could sue the physician, or even assault him out of anger. pital is already in the possession of all the patient’s previous medical
However, this case occurred on Shabbos, and obtaining the husband’s records, thus precluding the need for writing on Shabbos. The hospital
consent would require desecration of Shabbos. is further away from the patient’s home, and one will burn more fuel
The question is: Can the physician refuse to perform the surgery to get there. Which hospital should the patient choose?
without the husband’s consent, for the aforementioned reasons, or
does the possibility of a lawsuit or assault not justify desecration of 1
Shabbos. Also, since the only way to save the woman’s life is surgery, AnsweR
is the physician obligated to perform the surgery even without the It seems to me that if one is forced to desecrate Shabbos for a danger-
husband’s consent? ously ill patient, it is preferable to violate one prohibition more than

Dr. A. Manchevsky, Laniado Hospital, Netanya once, rather than violating two prohibitions or more. It is especially
important to avoid the need for writing on Shabbos, because some-

1 AnsweR times people end up writing things that are not necessary for pikuach
nefesh.
Even if there is only a possibility that the husband’s presence will have We learn this in Tractate Menachos (63b), where Rav Yishmael says

328 1 Medical-HalacHic Responsa of Rav ZilbeRstein Traveling to Distant Hospital for Medical Records 2 317