[Avodah] rofeh mumcheh

[Zev Sero]

Micha Berger wrote:
> On Mon, Jul 27, 2009 at 10:15:25AM -0400, Zev Sero wrote:
> : Yes, there is an objective difference between an expert and a not-so-
> : expert.  It's got nothing to do with whether some "authority" has
> : graciously given one a "license" to practise.
> 
> Actually, it seems clear from the that "mumcheh" here means "licensed", not
> expert. Thus, the Tosefta's case is one the beis din had already declared
> a mumcheh. The AhS similarly assumes that BD is confirming the findings
> of a review board.

I haven't had a chance to look up all of the sources RET quoted
(especially since there are at least some typos in the list, e.g.
the relevant cite in Divrei Shaul is in YD 336, not 365), but it
seems to me just from looking at the Tosefta (which does *not* use
the word "mumcheh" but "uman", which leaves open the possibility that
it means not "expert" but "surgeon") that "reshut BD" merely gives
immunity from civil suits "mipnei tikun ha'olam"; i.e. it's a safe
harbour created by BD, in order to encourage the practise of medicine,
whereby a doctor has the *option* of getting a grant of immunity from
malpractise suits.  There's nothing to indicate that one may not
practise without taking part in such a scheme.

It's interesting that the Rambam doesn't bring this Tosefta lahalacha,
and the first to do so seems to be the Ramban (I *think* I've found
the correct place in Torat Ha'adam, but haven't had a chance to look
at it closely).

-- 
Zev Sero                      The trouble with socialism is that you
zev at sero.name                 eventually run out of other people’s money
                                                     - Margaret Thatcher