Estate of B.M. (deceased) v. Clalit Health Fund (Jerusalem District Court 1483/00, Civil Appeal 9656/03 in the Supreme Court)
Ms. B.M. was less than 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 lethargically, and even refrained from sending her for medical tests that could have revealed serious gastroenterological problems, particularly colon cancer. As her complaints and visits to the health fund increased, it appeared that the system was shirking its responsibility toward her, until matters reached their peak when the family doctor determined that her problem was essentially "in her head," and that she should actually see a psychiatrist.
Ultimately, as in many cases, it was discovered that throughout this entire prolonged period, she had developed severe and aggressive colon cancer, which was finally detected in an irreversible state and led to her death after much suffering.
In a lawsuit conducted by our office over several years, on behalf of her family members and heirs, the court ruled that the health fund and its doctors were negligent in the treatment they provided to the deceased and in their failure to perform the required medical tests, which would have led to the discovery of the disease at an earlier stage and prolonged her life, and her heirs were awarded compensation for her premature death.
The health fund appealed to the Supreme Court against its liability in the trial, but its appeal was rejected.
