Israeli Court Orders Dentist to Pay Nearly 150,000 Shekels Despite Patient's Heavy Smoking
An Israeli district court in Haifa recently ruled that a dentist must compensate a patient approximately 150,000 shekels after a dental treatment failure, despite attributing partial responsibility to the patient for heavy smoking. The patient initially sought treatment in 2019 for pain in his lower right teeth. The dentist recommended extensive procedures including extractions, implants, and sinus floor elevation surgery. However, the treatment failed, leading the patient to undergo four additional surgeries under general anesthesia, resulting in a prolonged and difficult recovery.
The patient claimed permanent damage, including reduced sensation in his left cheek, and sought damages totaling 320,000 shekels. The dentist offered only 2,000 shekels as compensation, arguing that the patient’s heavy smoking and poor oral hygiene contributed significantly to the treatment failure. The dentist also presented expert testimony stating the treatment was not negligent and that the patient’s hospital surgeries caused the disabilities.
Judge Ofer Shoval rejected the claim that the hospital was responsible due to lack of evidence but accepted that the patient’s heavy smoking justified reducing the compensation by 20%. The judge emphasized the dentist’s negligence caused significant suffering, noting the patient’s chronic sinusitis and nerve damage. Future treatment costs were estimated between 55,000 and 68,000 shekels. After accounting for contributory negligence, the court ordered the dentist to pay 117,600 shekels for damages including lost wages, medical expenses, and pain and suffering, plus approximately 27,750 shekels in legal fees and court costs.
The case highlights the court’s balancing of medical negligence with patient behavior impacting treatment outcomes. Attorney Sharon Byron Markovitz, specializing in medical negligence, was cited in the report. The full judgment is available through the Israeli legal website Piskdin, which collaborated on the article.
