What does Jewish law say about objecting to medical procedures?

Published date08 March 2024
AuthorSHLOMO M. BRODY
Publication titleJerusalem Post, The: Web Edition Articles (Israel)
In other circumstances, these choices might be offered for medical interventions deemed by others as non-therapeutic, whether they relate to abortion, gender transition, or active euthanasia. The right to decide what to do with one's body becomes complicated in cases where these interventions go against the conscience of doctors and nurses who experience moral distress when participating in activities they deem immoral. Granting liberty to the patient can impinge on the liberty of a healthcare professional who is deeply opposed to providing such treatments. Ideally, only healthcare providers with no conscientious objection would be asked to take part in such interventions

This works best in military or criminal settings, such as administering physical pressure (i.e., torture) or the death penalty. It becomes much more complicated when some controversial procedures become "standard options" within medical centers.

When a medical procedure goes against religious beliefs

Healthcare institutions should provide ways for doctors and nurses not to participate in such controversial activities. But if accommodations are not made, may a Jew perform or participate in a procedure that goes against his or her religious beliefs? The question relates to direct participation in prohibited activities, as well as referring patients to where they can receive these treatments.

Jews may not directly perform prohibited actions, even if the "beneficiary" requests it. This would include, for example, performing a late-term, non-therapeutic abortion that would be universally forbidden under Jewish law.

More complicated cases emerge when Jews are requested to indirectly assist in a forbidden procedure or to refer a patient to someone who will carry it out. In Canada, for example, euthanasia, termed "medical assistance in dying" (MAiD), is the source of more than four percent of annual deaths (over 13,000 people). Under Canadian law, healthcare providers are required to supply "effective referral" – i.e., to effectively direct a patient to a doctor or agency that will provide them with euthanasia. Approximately 80% of the patients who consult with these agencies go through with MAiD. Must a doctor give up his job rather than refer someone for these services?

In general, Jews are forbidden to facilitate someone else's performance of an illicit action under the prohibition of not placing a "stumbling block" before the spiritually blind (lifnei iver). This includes not only helping...

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