CCAR RESPONSA
New American Reform Responsa
148. Consent for a Medical Operation
QUESTION: Does Jewish tradition require consent for a medical operation? Is oral or written consent required for the treatment of the patient by a physician? (Harold Goodman, Houston TX)ANSWER: When tradition discussed the liability of physicians it felt that the patient had sought out the physician and, therefore, placed himself/herself into his/her hands. It was the individual’s responsibility to seek the best physician for a particular ailment (Shab 32a). It was assumed that the physician had been trained appropriately and was licensed (Nachmanides Torat Haadam 12b; Simon ben Zemah of Duran Responsa Vol 3; Tur Yoreh Deah 336; Shulhan Arukh Yoreh Deah 336; Eliezer Waldenberg Tzitz Eliezer Vol 5 #23). As long as the physician has treated the patient in a responsible manner, no liability was incurred (J. Preuss Biblical and Talmudic Medicine p 28 ff). No specific permission was normally given except for circumcision where the responsibility of the operation rested with the father. He could assign it to another person and it was usually the mohel (Gen. 17.11; Yad Hil Milah; Shulhan Arukh Yoreh Deah 261). Permission in this case was oral. The permission forms and other papers which are commonly signed in our hospitals are the result of law suits brought against physicians and hospitals for malpractice. They have led to caution. There is, however, no Jewish basis for this kind of caution. When a person had placed himself/herself into the hands of the physician, that indicates the acceptance of treatment which was suggested. The patient always possessed the right to change physicians or to remove himself/herself from any physician’s care.December 1989
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