Surgical Provisions in Hammurabi's Code circa 1754 BC

Around 1754 BC, Babylonian law fixed the price of surgery and prescribed penalties for medical failure.

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The original stele containing Hammurabi's laws was discovered in 1901 and is now housed in the Louvre Museum.

The Code of Hammurabi, inscribed on a basalt stele in the 18th century BC, contains detailed medical regulations. Specific clauses set fees for successful surgical procedures performed on free citizens. For example, if a physician saved a man's life using a bronze lancet, he received ten shekels of silver. However, if the patient died or lost an eye, the physician's hands could be cut off. These provisions reveal an early attempt to regulate professional accountability. Medicine was recognized as skilled labor with measurable compensation. The law distinguished between social classes in fee structures. By codifying risk and reward, Babylon institutionalized medical responsibility. Healthcare operated within a strict legal framework rather than informal trust.

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Regulating surgery through law linked public health to state authority. Fee schedules standardized economic transactions in medical practice. Severe penalties likely discouraged reckless experimentation. The code also reinforced class hierarchy by assigning different values to lives based on status. Legal oversight of medicine represents one of the earliest examples of professional regulation. This approach foreshadows modern malpractice systems. The state asserted that bodily harm carried financial and corporal consequences.

For patients, surgery involved both hope and risk under the shadow of law. Physicians practiced with awareness that failure carried personal danger. The severity of punishment may have influenced medical decision-making. Families trusted not only the healer but the code behind him. Justice and medicine intertwined in intimate ways. Healing in Babylon was as much legal contract as therapeutic act.

Source

Encyclopaedia Britannica - Code of Hammurabi

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