Israeli Court Awards 2.2 Million Shekels to Parents of Infant Who Died from Hospital Infection
The Tel Aviv District Court recently ruled in favor of the parents of a newborn who died at five days old after contracting a severe bacterial infection in the neonatal intensive care unit (NICU) at Sheba Medical Center. Judge Orly Mor-El held the state, as the hospital owner, liable and ordered compensation of approximately 1.8 million shekels plus several hundred thousand shekels in legal fees. The infant, born prematurely at 35 weeks in October 2011 weighing about 1.8 kilograms, initially showed good health but was admitted to the NICU due to prematurity and maternal Group B Streptococcus carriage. After initial antibiotic treatment was stopped on the fourth day, the baby suffered respiratory arrest episodes, a high fever, and deteriorated rapidly. Despite intensive care and broad-spectrum antibiotics, the infant died. Post-mortem tests revealed infection with a resistant Enterobacter ESBL strain.
The parents’ lawsuit alleged a chain of negligent failures, including inadequate infection control in the NICU and delayed appropriate antibiotic treatment. The state argued the death was unavoidable and that the claims were hindsight-based. Judge Mor-El found the state failed to prove it prevented the infection, noting at least 18 other premature infants were carriers of the bacteria without adequate explanation or preventive measures. The court also ruled the medical team delayed expanding antibiotic treatment due to mistaken assumptions about the infant’s condition. However, the judge praised the medical staff as skilled and dedicated under difficult conditions.
The court awarded the infant’s estate 1,788,524 shekels for damages including pain, suffering, and shortened life expectancy, plus 418,514 shekels in attorney fees and additional legal costs. The ruling highlights the critical importance of infection prevention and timely treatment in neonatal care. The case was represented by attorneys Ilit Nevo-Rafael for the plaintiffs and Evelin Aviad and colleagues for the defense, with medical negligence expert Yossi Nizri involved in the proceedings.
