Jerusalem Court Orders Dentist to Pay NIS 250,000 for Negligent Dental Treatment
The Jerusalem Magistrate's Court recently ruled in favor of a patient who sued her dentist for medical negligence, ordering him to pay approximately NIS 250,000 in compensation. The plaintiff, a woman in her 50s, sought treatment in 2022 for tooth pain and requested replacement of her porcelain crowns. The dentist began root canal treatments followed by a restorative procedure on both jaws.
After temporary crowns were installed, the patient experienced discomfort and later suffered increasing pain and repeated crown detachments. Additional extractions and implants were performed, but the pain persisted, leading the patient to discontinue treatment. An expert witness for the plaintiff concluded that the implants failed, the crowns were negligently made allowing food to enter and cause decay, and one implant was improperly placed causing pain. The expert also criticized the dentist's medical records as inadequate, noting missing anamnesis, incomplete clinical and imaging documentation, insufficient consent forms, and lack of informed consent.
The dentist denied causing harm, labeling the patient a "serial complainer" seeking financial gain, and claimed he had successfully treated her family members. However, Judge Oren Silverman rejected the dentist's defense, citing the absence of any expert testimony from the defense despite multiple opportunities. The judge found the plaintiff's expert testimony clear and credible and ruled that the treatment was negligent and performed without informed consent.
The court awarded the patient NIS 50,000 for pain and suffering, NIS 150,000 for future medical expenses, and additional amounts covering attorney fees (NIS 43,000), court fees, and expert witness costs. The case highlights the importance of thorough documentation and informed consent in dental care.
