Device failure during surgery: Asuta to pay massive compensation

A malfunction during spinal surgery at Asuta Hospital has resulted in a significant legal ruling. The Tel Aviv District Court held that the medical institution must compensate a patient who suffered irreversible spinal cord damage during a procedure. Including benefits from the National Insurance Institute, the total compensation is expected to reach approximately 11.25 million shekels.

The plaintiff, a long-time independent real estate and investment entrepreneur, underwent spinal fixation surgery in June 2021 to treat a herniated disc.

During the operation, an unusual malfunction occurred: a surgical instrument broke, causing injury to the spinal cord. Since that day, the man has suffered from lower-body paralysis and loss of sphincter control, which has completely altered his life.

In his lawsuit, the plaintiff estimated his damages at 40 million shekels, claiming that his pre-surgery monthly income was approximately 100,000 shekels. He also sought coverage for rehabilitation expenses incurred in Italy and other related costs.

Asuta argued that the financial demands were significantly inflated. The hospital contended that there was no justification for seeking rehabilitation abroad, as appropriate care was available within Israel. Furthermore, the defense emphasized that the plaintiff had pre-existing back issues, arguing that the hospital’s liability should be limited to the deterioration of his condition.

In her ruling, Judge Irit Kalman Broom wrote:

"This is an extremely difficult and unfortunate case in which the plaintiff was harmed and remained significantly disabled after the handle of a surgical device broke during an elective back surgery, injuring the plaintiff’s spinal cord and leaving him paralyzed in the lower part of his body."

The judge determined that some of the claimed amounts were unjustified. The request for reimbursement of approximately a quarter-million shekels for rehabilitation in Italy was rejected, as it was not proven that appropriate treatment could not be obtained in Israel. Claims for medical equipment costs were also reduced.

The judge did not accept the claim of total loss of earning capacity, setting the impairment at 70%. The salary used as a basis for compensation calculations was set at approximately 30,000 shekels after indexation, rather than the 100,000 shekels claimed by the plaintiff.

Ultimately, the court ruled that Asuta must pay the plaintiff 6,874,405 shekels for loss of earnings, personal assistance, home adaptation, medical expenses, and pain and suffering. Additionally, the hospital was ordered to cover court costs and attorney fees totaling approximately 1.48 million shekels. Combined with National Insurance Institute benefits of 2,893,826 shekels, the total compensation awarded to the man stands at 11.25 million shekels.