Ranking a Physician’s Rank
Many organizations and publications publish reports of top hospitals, physicians, and clinics for specific medical challenges. These lists can be helpful to patients who are looking for certain specialists and for the healthcare industry to improve the standard of care. However, from a Halachic perspective, we must account for the sensitive laws of Lashon Hara and other Bein Adam Lichaveiro (interpersonal mitzvos) to determine whether such lists are Halachically allowed.
In a letter to Dr. Abraham, Rabbi Zilberstein (Shiurei Torah Lirofim Vol 1, 47) discusses this topic at length. In this essay, we will summarize the key points of Rabbi Zilberstein’s opinion.
Halacha is often sensitive to the needs and benefits of the public over an individual vendor. Halacha is clear that one may publicize which vendor sells a product cheaper than others to save consumers money (however, this sort of statement concerning a private matter would likely be prohibited as avak lashon hora). However, specific criteria must apply in order to broadly apply this Halacha.
The compared items must be of the same quality.
Aside from the data reported, the message must be accurate as well. (For instance, if one store is more expensive for a certain item but cheaper for all others, reporting the store as “higher priced” can be misleading.)
Accordingly, Rabbi Zilberstein ruled that one cannot apply the heter to publicize pricing to a list of physicians. In the previous Halacha, price is a quantifiable factor that assesses different vendors. However, when comparing physicians, there is no single factor that determines the superiority of one physician over another. It is the composite of many skills that determine the quality of care. As such, it is hard (or even impossible) to definitively say that one physician is superior.
Even when it is clear that one physician is more skilled than another, Rabbi Zilberstein forbade publicizing such a list for two additional reasons. Firstly, the whole point of advertising store prices is to benefit the consumer by 1. Acknowledging the best deal, and 2. Publicizing the lowest price will prompt competitors to match the lower prices and increase competition. However, listing physicians in this matter will allow the “better physicians” to raise their prices and may lead them to arrogance, which can be detrimental to the public. Additionally, in Halacha, there is a concept that each patient has a specific doctor who can heal them (as discussed at length in Hilchos Shabbos). This means that despite all the measurable factors that make one doctor better than the other, there is a certain Hashgacha that dictates which physician can successfully treat a patient regardless of his ranking on the list.
For these reasons, Rabbi Zilberstein ruled that it is prohibited to compile a list of the top physicians in each specialty.