Home About Us the Rabbis Contact Us


what's new on Revach
Parshas Tzav: Rabbeinu Bachaye - Covering the Shame of Sinners

Parshas Pinchas: Rav Yehonoson Eibshitz - Where did Zimri the Great Tzaddik go Wrong?

Showering the Night Before a Taanis

Ha Lachma Anya: Rav Eliyahu Dessler - Celebrating Freedom With Poor Bread

Rav Yaakov Edelstein - The Two Words He Wanted to Be Able to Speak
 
Section: Questions   Category: Money Matters
  A r c h i v e s
Money Matters - Medical malpractice
Submitted by MH Samet  Answered by Rav Yehonoson Hool
Question:
Answer:

As with many queries involving Choshen Mishpot, the answer to this particular questions depends on a number of factors. Firstly, we would need to know if the dentist is really responsible for what happened. Then, was it due to negligence or was it unavoidable? Further, is a dentist considered to be in the same class as a doctor, who may be absolved of responsibility under certain circumstances (as far as the Halachah is concerned) if he wasn't negligent? Did the dentist charge more than the normal rate (which might oblige him with extra responsibility)?

With regard to suing in court, in general it is forbidden to sue a Jew in Court. One must sue in Beis Din first. If he refuses to attend, Beis Din may give permission to sue in Court.

However, if one is suing the gentile-owned insurance company rather than the dentist himself, it may be permissible to sue them directly in court.  All in all ,then, in this case one should apply to sue in a Beis Din, and follow their instructions.

posted:2008-12-08 00:48:18  (0) comments   email to a friend


Displaying 1-1 of 1 (Page 1 / 1) 

 

    Most Viewed Lists
  1. "Zissen" Pesach
  2. Toivel Hot water Urn
  3. Bracha for bANANAS
  4. sprinkler on Shabbos clock
  5. shaving body
    Last Viewed
  1. Scooter for children in shabbat
  2. Mikva for a Divorcee
  3. manicure during 3 weeks
  4. sewing Chol HaMoed
  5. touching boys