Court Awards $1.4 Million in Damages After Medical Experts Admit Errors
A central district court in Israel has awarded 5.2 million shekels (approximately $1.4 million USD) in compensation to a young man severely injured in a motorcycle accident six years ago. The significant payout followed an unusual development in the trial where two court-appointed medical experts admitted to errors in their initial assessments and revised their disability ratings upwards while testifying.
The orthopedic expert, who initially assessed 10% disability for complex leg fractures and a meniscus injury, conceded his mistake and added an additional 10% disability. Similarly, the psychiatric expert, after reviewing further information during the proceedings, increased his assessed disability by 5%.
These revised assessments, coupled with the judge's own evaluation, led to a total functional disability rating of 59% for the plaintiff. The court, presided over by Judge Sharon Tsentsiper, acknowledged that the young man, who was 20 at the time of the accident and had begun automotive engineering studies, now faces limitations preventing him from pursuing physical work in a garage due to his physical and cognitive impairments.
The accident, which occurred six years prior, resulted in complex fractures and bone crushing in the man's legs. He also suffered a fat embolism to the brain during emergency surgery, spending two weeks in intensive care unconscious. Following 23 days of hospitalization and multiple surgeries, he underwent extensive rehabilitation for six months, requiring a wheelchair and crutches. He currently experiences knee instability, severe scarring, cognitive damage, and receives ongoing treatment including physiotherapy, hydrotherapy, and medical cannabis.
The plaintiff's attorney, Gil Ben Ari, described the situation as "very unusual," noting that it is rare for two medical experts in a single case to increase their disability assessments. He highlighted that court-appointed doctors sometimes misinterpret the law, leading to underestimated disability percentages, and emphasized the importance of cross-examining these experts in court.
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