Puah for Fertility and RABBI GIDEON Machon Gynecology in Accordance with Halacha WEITZMAN
Due Care
I
t should be clear from our recent discussion that one needs to think very carefully before suing the doctor and medical staff. Only in cases of true negligence or malpractice would the halacha support the plaintiff.
to Rabbi Avraham Yeshaya Karelitz, the famous Chazon Ish, who was the force behind the renewed Charedi community in Bnei Brak. The Chazon Ish was a great posek and was generally quite strict in his halachic rulings.
Rabbi Zilberstein narrates an incident that occurred during the first years of the State of Israel. Food was very scarce and it was permitted to slaughter animals for sick people only.
The shochet told the Chazon Ish that he had killed a chicken for a man who was ill, but he knew that during the shechitah he had applied more than the usual pressure to the knife. This usually disqualifies the chicken from being kosher; it would be treif and could not be eaten. However, the shochet had not admitted this, knowing that the chicken was an expensive commodity. In the meantime the sick person had eaten the chicken and the shochet felt terrible. While he had given necessary nutrition to a needy person, he had inadvertently fed him non-kosher food.
There was a case of a shochet who came
He was beside himself and could keep
Some may be concerned that if the doctor cannot be sued, there is a greater chance that he will make further mistakes and cause more damage. We have to prosecute the doctor so that the chances of a recurrence are reduced.
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