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28
FRIDAY, JULY 1, 1988
Malpractice
Continued from Page 5
year, which would cover a rab-
bi for $500,000. For $500,000
coverage, rates for a medical
doctor could range between
$20,000 and $50,000 a year,
he said.
Some national and local
Jewish religious leaders said
they feared the California
case could set pastoral
counseling limits on rabbis.
Others said the outcome of
the case would not directly
impact rabbis but agreed that
members of the clergy need
the same protection as other
professionals.
"Until now, we had assum-
ed we were immune from this
type of thing," said Rabbi Ir-
win Groner of Congregation
Shaarey Zedek. "We
shouldn't jump to conclusions
because of one extraordinary,
tragic case. But rabbis do
need to be cautious and
careful in recognizing mental
personality disorders. We may
have a need for insurance.
"We live in a litigious socie-
ty where everybody sues
everybody," he said.
One lawsuit which pro-
mpted concern was filed in
1976 and later dropped
against New Jersey Rabbi
Jeshaia Schnitzer, also a
family and marriage
counselor. It left the rabbi
tangled in a two-year legal
battle that he said caused
"anguish, long hours with
lawyers, tedious stretches of
time writing depositions and
a long period when my study
was closed to people who
wanted to come and see me
with their problems?'
Rabbi Schnitzer, interview-
ed by phone from his New
Jersey office, was sued for
$25,000 for money paid by a
couple who came to him for
marriage counseling. The
couple claimed the rabbi did
not render proper counseling.
They got divorced.
Eventually, the plaintiff
agreed to settle out of court
for no money if the rabbi
would help him secure a
Jewish divorce, sign a waiver
agreeing not to countersue for
damages caused by the
malpractice suit, and ask his
former wife to be more civil
toward him.
"Today, I weigh my words
more carefully; I watch my
relationships more cautious-
ly; I ask for God's protection
daily; and I have a feeling of
`settlement' when I recall the
million dollar policy which
protects me in the tempests
and storms which can sud-
denly blow up in the seeming-
ly serene rabbi's study," Rab-
bi Schnitzer wrote in an arti-
cle in "Conservative
Judaism."
Rabbi Schnitzer said the
pending appeal and his situa-
tion are reasons enough that
all clergy members should
protect themselves with in-
surance policies.
That idea is absurd to some
area Orthodox rabbis, who
said suing rabbis for damages
when there is no direct cause
violates Halachah, Jewish
law.
Yet many Orthodox realize
that Halachah won't hold up
in a civil court.
"If it is going to reach a
point where people continue
to sue everybody, we will just
get insurance," said Rabbi
Elimelech Silberberg of the
Bais Chabad of West Bloom-
field. "The issue of suing has
gone beyond the balance of
reason. It is unfortunate.
When people come to a rabbi,
they must respect Halachah."
Religious groups have
rallied to the aid of the
California church ministers,
"Clergy should
carry malpractice
insurance because
our society is
becoming more
litigious."
whose case is pending in the
state's Supreme Court. The
fundamentalist Grace Com-
munity Church in Sun Valley
claims it is protected by the
First Amendment guarantee
of religious freedom and
church-state separation laws.
Parents of the late Kenneth
Nally claim four ministers
wrongly counseled their son
by saying his depression was
caused by sin and that suicide
wouldn't prevent him from go-
ing to heaven. The ministers
did not tell anyone that Nal-
ly spoke of suicide.
Ministers, the family
alleges, should be held to the
same legal standards as other
professional counselors.
"If the Supreme Court
holds the church responsible,
a lot more rabbis will take out
insurance," said Rabbi Wolfe
Kelman, executive vice presi-
dent of the Conservative
movement's Rabbinical
Assembly.
"It is perceived as improper
to hold a member of the
clergy civilly liable?" added
Howard Wallach, former
chairman of the Jewish Com-
munity Council's
church/state committee. "But
just because they are clothed
with robes of the clergy is no
reason they shouldn't be held
accountable.
"This is not a First Amend-
ment issue — it is a counsel-
ing issue," Wallach said.
"Clergy should carry
malpractice insurance
because our society is becom-
ing more litigious."