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The Shulchan Aruch (Yoreh Deah 336:1-2) says: "One should not deal with medicine unless he is an expert and there is no one greater than he [in the place], for if he does not act so, he is like one who spills blood. If he did try to heal someone without the court’s permission, he is obligated to pay for damages, even if he is an expert. If he tried to heal with permission and made a mistake that caused damage, he is exempt from paying in the courts but has an obligation to the Heaven [a moral obligation to pay]. If he killed and it is known that he did so by negligence, he goes to exile as a result. A doctor may not take pay for the knowledge and education he possesses, but he may be paid for his toil and his refraining from other work."
We see then that one factor regarding a doctor’s culpability is receiving authorization. Neither the level of his expertise nor the matter of whether he was to be paid impacts on whether he has to pay for his mistake. (The latter may be because he may not receive a standard type of payment.) Nowadays, permission of the court is replaced by a government-sponsored license (Aruch Hashulchan, YD 336:2).
The Ramban gives the following explanation for the impact of the court’s permission on the doctor’s exemption. The gemara (Bava Kama 85a) sees in "he shall certainly heal" (Shemot 21:19) the source that a doctor was given permission to heal. He explains this is necessary so that a doctor should not say: "Why do I need this headache? Maybe I will accidentally kill someone." However, the Ramban was troubled by the fact that since the Tosefta says that a doctor who killed by accident has to go to exile, we see he is liable. He posits that a doctor is like a dayan (rabbinic judge) who is exempt from standard errors ("a dayan has only what his eyes see"). Thus, the Torah was interested in encouraging people to be involved in both professions and exempted them from actual payment as long as they had permission and did not act negligently.
Harav Yaakov Ariel (Ohala Shel Torah I, 55) questions the Ramban on where do we see a special exemption for a doctor. After all, if he is an expert and is not paid (as he is not supposed to be), he is anyway exempt just by following the regular rules of craftsmen (Bava Kama 99b). He answers that it is talking about a case where he took money to heal, and thus as a craftsman, he should be obligated to pay. The Rabbis exempted him in order that society would function more smoothly. Even though nowadays doctors are paid enough that they will continue to serve as doctors even if they could be sued like any other worker, Harav Ariel says that the logic to encourage them in this way still continues.
P'ninat Mishpat (829)
Various Rabbis
143 - Laws of Witnesses
144 - Medical Malpractice
145 - Medical Malpractice
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based on ruling 84139-1 of the Eretz Hemdah-Gazit Rabbinical Courts
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Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
Rabbis in Midrash
Lessons
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Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
