Israeli Court Awards Over One Million Shekels to Widow After Husband Dies from Post-Surgery Infection

The Lod District Court recently ruled that the widow of a patient who died from an infection caused by a bowel perforation during kidney stone surgery is entitled to compensation exceeding one million shekels. The deceased underwent a percutaneous nephrolithotomy (PCNL) at Sheba Medical Center in July 2020. During the procedure, a perforation occurred in the colon, leading to infection. Although the perforation was identified and treated, the patient did not recover and passed away about two months later at age 76.

The widow filed a lawsuit nearly two years after his death, claiming medical negligence. Her expert argued that the surgeon should have reviewed a prior CT scan that showed an unusual position of the colon, which required special attention to avoid injury. The defense contended that bowel perforation is a known complication of such surgeries, the kidney puncture was done using standard methods, and a CT scan had been performed a year before the surgery. They also claimed the surgeon had informed the patient of the risks.

Judge Irit Cohen ruled that merely performing a CT scan is insufficient; the surgical team must carefully consider its findings before surgery. In this case, the court found no evidence that the CT scan results were reviewed or documented by the hospital staff, constituting negligence. The judge also doubted the surgeon’s testimony about informing the patient of the risks, noting the absence of any medical record of such a discussion.

The court criticized the defense for failing to present key witnesses, including two other surgeons involved and the preoperative clinic resident who obtained consent forms. The ruling emphasized that not informing the patient about the increased risk violated his autonomy. Consequently, the state was ordered to pay the widow 864,961 shekels for various damages, including loss of spousal services, shortened life expectancy, pain and suffering, and autonomy infringement, after deducting survivor benefits from the National Insurance Institute. Additionally, attorney fees of 204,131 shekels and legal expenses were awarded.

The case highlights the importance of thorough preoperative evaluation and patient communication in preventing medical negligence.