Page 342 - 20818_park-c_efi

20818_efi-ab - 20818_park-C_efi-ab | 11 - B | 18-08-20 | 13:46:25 | SR:-- | Cyan
20818_efi-ab - 20818_park-C_efi-ab | 11 - B | 18-08-20 | 13:46:25 | SR:-- | Black
#20818_efi-ab - 20818_park-C_efi-ab | 11 - B | 18-08-20 | 13:46:25 | SR:-- | Yellow
20818_efi-ab - 20818_park-C_efi-ab | 11 - B | 18-08-20 | 13:46:25 | SR:-- | Magenta
#
IS IT PERMISSIBLE FOR A
PHYSICIAN TO DEMAND
THAT RELATIVES COME
109 ON SHABBOS TO GIVE
CONSENT FOR SURGERY?
1 Question DeManding Relatives' consent on Shabbos
A woman suffered complications during childbirth, and the placen-
ta did not come out. The physician determined that she required
emergency surgery to remove her entire womb; otherwise she was in
danger of death.
On a weekday, one would not perform surgery of this nature
without the husband’s (or other relative’s) consent. Otherwise, the
husband could sue the physician, or even assault him out of anger.
However, this case occurred on Shabbos, and obtaining the husband’s
consent would require desecration of Shabbos.
The question is: Can the physician refuse to perform the surgery
without the husband’s consent, for the aforementioned reasons, or
does the possibility of a lawsuit or assault not justify desecration of
Shabbos. Also, since the only way to save the woman’s life is surgery,
is the physician obligated to perform the surgery even without the
husband’s consent?
Dr. A. Manchevsky, Laniado Hospital, Netanya
1 AnsweR
Even if there is only a possibility that the husband’s presence will have
328 1 Medical-HalacHic Responsa of Rav ZilbeRstein
TRAVELING ON SHABBOS
TO A MORE DISTANT
HOSPITAL FOR THE
107 PATIENT’S MEDICAL
RECORDS
1 Question TRaveling to Distant Hospital foR Medical RecoRds
This is a question that often arises on Shabbos: A dangerously ill pa-
tient or a woman in labor have a choice between two hospitals. One
hospital is closer to the patient’s home, but going there will engender
more desecration of Shabbos. Hospital personnel will have to record
the patient’s medical history in writing, and do blood tests, which
engender the Torah prohibition of “taking the soul.” The second hos-
pital is already in the possession of all the patient’s previous medical
records, thus precluding the need for writing on Shabbos. The hospital
is further away from the patient’s home, and one will burn more fuel
to get there. Which hospital should the patient choose?
1
AnsweR
It seems to me that if one is forced to desecrate Shabbos for a danger-
ously ill patient, it is preferable to violate one prohibition more than
once, rather than violating two prohibitions or more. It is especially
important to avoid the need for writing on Shabbos, because some-
times people end up writing things that are not necessary for pikuach
nefesh.
We learn this in Tractate Menachos (63b), where Rav Yishmael says
Traveling to Distant Hospital for Medical Records 2 317