Assuta Hospital Ordered to Pay 8.3 Million Shekels for Paralysis After Botched Spine Surgery
The Tel Aviv District Court recently ruled that Assuta Medical Centers must compensate a patient approximately 8.3 million shekels following severe medical negligence during a spine surgery in June 2021. The patient, who was left paralyzed in his lower body and lost control over his bodily functions due to a broken surgical instrument damaging his spinal cord, will receive a total of about 11.25 million shekels including National Insurance benefits. Prior to the surgery, the plaintiff was an independent real estate entrepreneur specializing in raising investors for urban renewal projects and startups, earning around 100,000 shekels monthly.
The patient initially demanded 40 million shekels, citing intensive rehabilitation treatments in Italy and claiming full disability with severe functional limitations preventing him from returning to work. Assuta contested the compensation amount, arguing that some claims, such as overseas rehabilitation costs, were unsupported and that the patient had a pre-existing 40% disability from a back condition dating back to 2004. The hospital sought to limit its liability to the worsening of his condition.
Judge Irit Kalman-Brom described the case as "severe and regrettable," confirming the patient’s significant disability caused by the broken surgical tool during an elective spine surgery. However, she partially reduced the compensation, rejecting claims for rehabilitation abroad and excessive medical equipment costs. The judge also adjusted the plaintiff’s loss of earning capacity to 70% and lowered his monthly salary base to about 30,000 shekels from the claimed 100,000. Ultimately, Assuta was ordered to pay 6.87 million shekels plus legal fees and attorney costs, which combined with National Insurance payments, totals around 11.25 million shekels.
The plaintiff was represented by attorney Ilit Rafael, while Assuta was represented by attorneys Mordechai Kind and Sigal Shlimoff-Rechtman. The article was provided in cooperation with the Israeli legal website Paskadin.