Legal Precedent

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

29 December 2016

The plaintiff approached her family doctor at the age of 34 requesting to undergo a mammography examination in light of the fact that her mother had developed breast cancer at the age of 35 and there were additional cases of cancer in the family.

The family doctor refused, claiming that it is not recommended to undergo this examination before the age of 40, even for those at risk. After two years, a tumor was discovered in the plaintiff in an advanced state, and she was forced to undergo a complete mastectomy as well as lymph node removal and aggressive treatments. The plaintiff claimed in the lawsuit she filed against the health fund that the family doctor was negligent in not referring her to perform the examination in light of her medical history.

The court accepted the lawsuit and determined that in this case, the family doctor was negligent in not referring the plaintiff to any medical expert, including a genetic counselor.

The court further determined that the health fund's claim should not be accepted, according to which "contributory negligence" should be attributed to the plaintiff because she did not go to a medical expert on her own initiative or to mammography examinations at her own expense. The plaintiff was entitled to rely on the family doctor after she approached him and consulted with him and received an answer from him more than once.

The court awarded the plaintiff total compensation valued today (2012) at approximately 1 million ₪.

To the verdict

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