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Court Awards Over $1.3 Million in Damages After Medical Experts Admit Errors

By יעל יפה
Translated & summarized from N12 by baba
The story · English

A central Israeli court has awarded 5.2 million shekels (approximately $1.3 million USD) in damages 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 findings on the witness stand.

The orthopedic expert, who originally assessed 10% disability, added an additional 10% after acknowledging a mistake regarding fractures and meniscus damage. Similarly, the psychiatric expert increased the assessed disability by 5% after reviewing further information during the proceedings. The presiding judge, Sharon Tzenitzer, ultimately determined the young man's functional disability to be 59% due to his severe injuries and a subsequent stroke.

The plaintiff, who was 20 at the time of the accident, sustained complex fractures and bone crushing in his legs. He also suffered a fat embolism to the brain during emergency surgery and was in critical condition, unconscious for two weeks. Following 23 days of hospitalization and multiple surgeries, he underwent extensive rehabilitation for six months, requiring a wheelchair and crutches.

His lawyer, Gil Ben Ari, described the situation as "very unusual" for two medical experts in the same case to increase their disability assessments. He noted that court-appointed doctors often misinterpret the law, leading to lower disability ratings that don't reflect the true extent of a claimant's injuries, necessitating thorough examination and confrontation of their findings in court.

Despite completing automotive engineering studies, the judge factored in the young man's physical and cognitive limitations, which prevent him from working in physically demanding roles, such as in a garage. He currently receives treatment including physiotherapy, hydrotherapy, and medical cannabis for ongoing knee instability, severe scarring, and cognitive impairments.

Read the original at N12
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