Fwd: WEEK TWO: Professional Malpractice

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From: Bais HaVaad Halacha Center <info-baishavaad.com@shared1.ccsend.com>
Date: Sun, Jun 29, 2025, 8:03 AM
Subject: WEEK TWO: Professional Malpractice
To: <agentemes4@gmail.com>

MEDICAL MALPRACTICE, THE MITZVAH TO TREAT PATIENTS, TWO TYPES OF TREATMENTS, RESHUS BEIS DIN WHEN THERE IS A GREATER DOCTOR, WHAT QUALIFIES AS NEGLIGENCE, A MEDICAL UNDERLING IF THE DOCTOR IS PAID

THIS MONTH'S YORUCHA TOPIC: Professional Malpractice הלכות אומן שקלקל

Week 2 Focus:  רופא שקלקל

MEDICAL MALPRACTICE THE MITZVAH TO TREAT PATIENTS TWO TYPES OF TREATMENTS RESHUS BEIS DIN WHEN THERE IS A GREATER DOCTOR WHAT QUALIFIES AS NEGLIGENCE A MEDICAL UNDERLING IF THE DOCTOR IS PAID

Introduction

Within the halachos of malpractice, medical malpractice is a category of its own. Halacha places restrictions on who has the right to assume the role of a medical provider; anyone else is liable for any damage they cause in the practice of medicine. One who is entitled to practice is given extra latitude by Chazal for mistakes, perhaps as a way of encouraging people to enter the medical field despite the inherent risks.

Points to Ponder

• How does one gain the designation of being a doctor according to halachah? • In a case of malpractice, is there a difference between a surgeon who causes harm directly and a prescribing doctor who recommends medication that is harmful? • What is a doctor's culpability toward Heaven in a case of avoidable injury or death? • Is there a difference between a doctor who was paid for his services and a volunteer medical provider?

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