Tel Aviv Hospital Ordered to Pay Nearly 10 Million Shekels for Paralysis Caused by Surgical Device Failure
A Tel Aviv district court has ruled that Assuta Tel Aviv Hospital must pay nearly 10 million shekels in compensation to a real estate entrepreneur left paralyzed from the waist down after a critical medical device broke inside his body during elective spinal surgery. The verdict, delivered by Judge Irit Kalman-Broom, described the case as "severe and regrettable," noting that the broken impaction tool caused catastrophic spinal cord damage. The incident occurred about five years ago when the plaintiff sought surgery to relieve chronic back pain caused by a herniated disc. Instead, the surgery resulted in complete lower body paralysis, loss of bladder and bowel control, severe neuropathic pain, sleep disturbances, and recurrent infections, drastically altering his previously active and independent life.
During the lengthy legal process, the plaintiff accused the hospital of adopting a "predatory" defense strategy aimed at exhausting him. The hospital and its insurer argued that the plaintiff’s preexisting spinal condition limited their liability to only the surgery-related deterioration. However, the court rejected most of these defenses, determining the plaintiff’s earning capacity was reduced by 70% and awarding 800,000 shekels for pain and suffering. The total compensation was set at 9,768,231 shekels before deductions. After subtracting 600,000 shekels already paid and approximately 2.89 million shekels from National Insurance benefits, the defendants must pay the remaining amount plus full legal fees.
This ruling underscores the heavy responsibility medical institutions bear when performing elective surgeries intended to improve quality of life. Courts are increasingly imposing substantial damages in cases of medical negligence, reinforcing the need for thorough preoperative evaluations even in routine procedures. The case adds to a growing list of high-profile medical malpractice verdicts in Israel, highlighting the severe consequences of surgical errors.
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