Legal Precedents

Tel Aviv 4344/02 Y.L. v. Dr. Catherine Bro et al.

29.12.2016

The plaintiff informed her doctors on multiple occasions that she was suffering from severe headaches. The treating physicians at the health fund initially diagnosed acute pharyngitis and subsequently acute sinusitis. Just two days later, the plaintiff was rushed to the hospital after fainting, where it was diagnosed that she was suffering from bleeding into the brain cavity due to a cerebral aneurysm. Ms. L. was left with severe neurological disability at a rate of 100% [...][Read more](/ת-א-434402-י-ל-נ-דר-קתרין-ברו-ואח)

T.A. 8155/06 A.Z. v. Meuhedet Health Fund

29.12.2016

Mrs. T.A., of blessed memory, complained during her pregnancy to her treating doctor that she believed there was a lump in her left breast. The doctor dismissed her with the explanation that it was a milk lump resulting from the pregnancy and did not refer her to have the matter examined as required. After childbirth, Mrs. A. continued to complain about the lump, but even then the treating doctors refrained from conducting a professional investigation and treated her [...][Read more](/ת-א-815506-א-צ-נ-קופת-חולים-מאוחדת)

T.A. 48994/05 (Magistrate Court – Herzliya) R.C. v. Hachsharat Hayishuv

29.12.2016

Our law office handled a lawsuit involving a car accident in which a young woman was injured at the age of 23 in 2004. As a result of the accident, she was left with medical disabilities at a rate of 45%, both in the orthopedic and psychiatric fields. The court describes in its verdict that it was very impressed by the plaintiff's personality, credibility, and great honesty. The court was impressed by the character of [...][Read more](/ת-א-4899405-שלום-הרצליה-ר-ח-נ-הכשרת-הישוב)

S.P. (Minor) v. Clalit Health Fund (Civil Case 3132/01 Jerusalem District Court)

29.12.2016

Mrs. P. became pregnant unexpectedly at age 40 and sought to terminate the pregnancy through abortion, but at the last moment was convinced to continue with the pregnancy, after reaching an agreement with her gynecologist that the pregnancy would receive close supervision and monitoring, and that in any case where there was concern for the fetus's wellbeing, the doctors would terminate the pregnancy. In practice, the promises proved to be false and the treatment and monitoring provided for this pregnancy were inadequate and negligent. [...][Read more](/ש-פ-קטין-נגד-קופח-כללית-ת-א-313201-מחוזי-ירוש)

Red Crescent Hospital Association v. John Doe (Appeal 4512/13 in the Supreme Court)

29.12.2016

The verdict establishes a new precedent regarding the statute of limitations for lawsuits in which significant defects were missed during pregnancy. Until about two years ago, a child suffering from defects was entitled to file a lawsuit for compensation until reaching the age of 25. The Supreme Court then ruled that this option would be limited to age 7 only. Now, following the legal proceeding conducted by our law office, the door is open to file such lawsuits until August 27, 2015 (that is, within one year) even if 7 years have passed since the date of childbirth. This represents an important achievement for a large population of injured children and their parents.

Estate of P.L. (deceased) v. Hadassah (Civil Case 1549/96 Jerusalem District Court, Civil Appeal 1371/98 Supreme Court)

29.12.2016

Mrs. P.L. suffered from necrosis in the toes of her right foot and was hospitalized at Hadassah Hospital for treatment and pain relief. Due to her severe pain, she constantly tossed and turned in her bed and attempted to get out of it, and the nurses even moved her closer to them in order to monitor her. Since her movements included inserting her legs between the bed rails, the nurses lowered the bed rails to prevent [...][Read more](/ezavon-p-l-zl-neged-hadassah-ta-154996-mehozi-yerushalmi)

Estate of B.M. (deceased) v. Clalit Health Fund (Jerusalem District Court 1483/00, Civil Appeal 9656/03 in the Supreme Court)

29.12.2016

Mrs. B.M. was under fifty years old when she began suffering from severe and persistent abdominal pain. However, the doctors at the health fund were not "concerned" by her complaints, treated her negligently, and even refrained from referring her for medical tests that could have detected serious gastrointestinal problems, particularly colon cancer. As her complaints and visits to the health fund increased, it appeared that the system was dismissing her, until [...][Read more](/estate-b-m-z-vs-clalit-health-fund-district-court-jer)

Civil Appeal 11219/07 and Civil Appeal 11311/07 Y.B. v. Dr. Uriel Wald

29.12.2016

The plaintiff approached the defendant with complaints of back pain. The doctor recommended that he undergo back surgery. In retrospect, it became clear that the surgery was performed at the wrong level and, worse still, the doctor did not inform him of the error. As a result, the plaintiff continued to suffer from back pain and was left with permanent disability. He filed a lawsuit through our office against the doctor and his insurance company. The Magistrate's Court awarded the plaintiff compensation [...][Read more](/עא-1121907-ו-עא-1131107-י-ב-נ-דר-אוריאל-ולד)

C.A. 3532/01 H.R. v. Clalit Health Services (Jerusalem District Court)

29.12.2016

The plaintiff approached her family doctor at age 34 requesting a mammogram screening due to the fact that her mother had developed breast cancer at age 35 and there were additional cases of cancer in the family. The family doctor refused, claiming that this screening is not recommended before age 40 even for those at risk. Two years later, the plaintiff was found to have a tumor in an advanced stage and was forced to undergo a mastectomy [...][Read more](/ת-א-353201-ח-ר-נ-שירותי-בריאות-כללית-בבית-המש)

CA 2886/05 A.A. v. Dr. Gandin Ludmila and Clalit Health Fund

29.12.2016

The verdict concerns the case of Mr. A.A., who worked for many years as an officer in the Israel Police. After his retirement, he began working as a security officer. In April 2001, Mr. A.A., then approximately 65 years old, visited his family doctor, suffering from chest pain, sweating, and shortness of breath. Despite his complaints, no ECG test was performed on site. Two days later, Mr. A.A. collapsed [...][Read more](/ea-288605-a-a-v-dr-gandin-ludmila-and-health-fund)

Legal Precedents

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