Shulchan Aruch
by Yosef Karo, translated from Hebrew by Wikisource
Yoreh Deah 336
168255Shulchan Aruch — Yoreh Deah 336Yosef Karo

Shulchan Aruch Yoreh Deah 336 - של״ו Interpretive text is in (parentheses)

1. The Torah gave a Physician permission to heal. It is an obligatory precept (Mitzvah) to do so and is included in the obligation to do all necessary to save a human life (Pikuach Nefesh). If one (who has the ability to treat) withholds medical treatment he is (morally considered) a murderer. This is true even if the patient has another doctor available since -one does not necessarily merit to be healed by just anyone.

However no-one should engage in Medicine unless they are expert in the field, and there is no greater doctor than him/her available in the area. If either is not the case, (and one treats a patient, and harm comes to the patient) this person is (morally considered) a murderer.

If one gave medical treatment without the certification of the Beit Din (local rabbinic court) that person is liable to pay damages (if the patient was harmed). If one gave medical treatment with the certification of the Beit Din and made an error, this person is exempt from the law of man but guilty by the law of Heaven. If the physician killed a patient (by malpractice) and he knows he made an error he is exiled on account of his victim (like all those guilty of manslaughter)

2. A doctor may not take payment for his knowledge or his teaching (of a patient of their caregiver), but it is permissible to take payment for the exertion and time spent.

3. If a person has medicinal ingredients and his fellowman is ill and needs them, the owner may not raise the price more than the market value. Even if there was an agreement to pay an exorbitant price because the only ingredients were in this person’s hand -he is only entitled to their market value. However if a high doctor's fee was agreed upon, the patient must pay as it is the expertise that was contracted for -and there is no market value for that. Rama's (רמ״א) note: This is true even though you must heal without charge. There is a general rule that anytime one person refuses to do a positive commandment incumbent upon all -unless you pay him - then the obligation assumed to do so, is enforceable.'