Verdict won by our firm regarding medical malpractice in surgery to remove a cancerous thyroid tumor
On April 13, 2014, our office won a verdict in the District Court in Jerusalem (Civil Case 3366-09 Danino Limor v. Hillel Yaffe Medical Center). The case was handled with great success by Attorney David Winter, a partner at the firm, who was assisted by Attorney Zehavit Akerman from our office.
The facts in brief: Ms. Danino underwent two surgeries to remove a cancerous tumor in the thyroid gland. During these surgeries, 4 glands adjacent to the thyroid gland (called "parathyroid glands") were removed, and in their absence, a person suffers from an extreme drop in blood calcium levels (hypocalcemia).
The court ruled that the hospital was negligent in that despite knowing, or at least should have known, that all the glands were damaged during the surgeries, it did not immediately transplant one of the damaged glands into the body, an accepted procedure that prevents the problem of decreased calcium levels in the body.
It should be noted that the court ruled in the verdict that the medical knowledge that existed at the time the surgeries were performed required performing the transplant of the damaged gland, and failure to perform the transplant constitutes medical malpractice. The court rejected the doctors' claim that they exercised discretion when they decided not to transplant the gland.
The court awarded the plaintiff, whose quality of life was severely affected as a result of the surgeries and the drop in calcium levels in the body (she is connected to a calcium pump), compensation in a total amount of ₪710,000 after deducting National Insurance payments and in addition to legal costs and attorney's fees.
It should be noted that the amount awarded reflects only half of the plaintiff's damages, as the court determined that the chances of success of the surgery to transplant the gland (had it been performed as required) stand at only 50 percent, therefore it awarded the plaintiff only half of her damages. Otherwise, the amount awarded would have been double!
We at the firm are very pleased with the outcome and the significant financial compensation that the injured party received. At the same time, we are considering appealing the verdict to the Supreme Court in order to increase the compensation awarded!
If you have encountered any problem of medical malpractice, you are welcome to contact us and receive from us the same dedicated service that Ms. Danino received.
