Israeli Court Awards Nearly One Million Shekels for Gallbladder Surgery Medical Negligence
A 42-year-old woman who faced life-threatening complications due to medical negligence during gallbladder removal surgery will receive approximately one million shekels in compensation, a Jerusalem Magistrate's Court recently ruled. The court found that the surgical team failed to exercise adequate caution, leading to a critical error caused by an "optical illusion" that resulted in cutting the wrong bile duct.
In December 2018, the patient sought treatment at Hadassah Mount Scopus Hospital for severe upper abdominal pain radiating to her back, accompanied by nausea and vomiting. Ultrasound revealed small gallstones and acute inflammation, prompting a laparoscopic gallbladder removal in January 2019. Although the procedure was initially reported as uneventful, the patient continued to suffer intense abdominal pain post-surgery.
Subsequent examination at Hadassah Ein Kerem Hospital identified damage to the bile ducts and a dangerous accumulation of fluid in her abdomen, placing her life at risk. After timely drainage, corrective surgeries, and rehabilitation, her condition stabilized, allowing her to return to work and later have a child.
The patient claimed the massive bile leak was caused by negligence, specifically the mistaken cutting of the common bile duct instead of the cystic duct. The hospital argued this was a known complication despite standard precautions, citing the complexity of anatomy and inflammation-induced changes that can mislead even experienced surgeons. However, the judge rejected this defense, noting a senior surgeon admitted the gallbladder's enlarged, thickened, and adherent state required extra caution.
The ruling emphasized the importance of strict adherence to safety measures to confirm anatomical identification, especially under challenging conditions. The court found the hospital negligent for failing to implement alternative identification methods and established a causal link between the negligence and the injury. Additionally, the judge recognized the patient's autonomy was violated due to inadequate disclosure about the actual surgeon, warranting separate compensation.
The patient's permanent medical disability was assessed at 27%, with a 19% functional impairment. The court awarded about 780,000 shekels for damages related to negligence and autonomy violation, plus approximately 180,000 shekels for legal fees and court costs.