Tel Aviv 4344/02 Y.L. v. Dr. Catherine Bro et al.
The plaintiff reported to her doctors several times that she was suffering from severe headaches. The treating physicians at the health fund initially diagnosed acute pharyngitis and subsequently acute sinusitis.
Only 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., who was left with a very severe neurological disability at a rate of 100%, filed a lawsuit through our office to the District Court, where it was determined that the recording of her complaints in the health fund's medical file was deficient and did not reveal, as required, the nature of the complaints conveyed to the treating doctor.
The court therefore examined the deficient medical records with suspicion and accordingly determined that Ms. L. indeed complained of headaches during all four visits to the health fund and that despite the existence of signs that should have raised a "red flag," no urgent neurological examination was performed, which would have been required under the circumstances.
The court therefore found that the treating physicians were negligent in their duties and failed to diagnose the cerebral aneurysm in time.
The court ordered the health fund to compensate Ms. Y.L. for all of her severe damages in the amount of approximately 3.5 million ₪!
The health fund's appeal to the Supreme Court was also rejected, with emphasis that as part of their duties, the family doctor must pay special attention to the existence of recurring symptoms within a few days, especially when dealing with a patient who did not frequently visit the health fund.
