Medical jurisprudence and particularly malpractice by the physician have becomes the subject of increasing concern and scholarly interest. The approach of other civilizations to the physician's liability has been previously explored. This inquiry will seek a comprehensive understanding of the liability imposed upon the physician in Jewish law.
First, to provide the proper context, the general status and role of medicine and the physician in Jewish law will be briefly considered. Then, the situations in which a physician is obligated to treat or to refrain from treating patients will be explored. Assuming the physician has agreed to treat the patient, the various standards of conduct—due care, negligence, gross negligence, battery, unauthorized practice—and the liability that attaches in each will be outlined. Then, the special liability of a physician in cases of a patient's death will be analyzed. Thereafter, the effect of a patient's waiver of any claim for damages against the doctor will be considered. Finally, the overall approach adopted by Jewish law to the problem of physician's liability will be evaluated.