Medical Negligence at Assuta: Patient Awarded 8.3 Million Shekels After Spinal Surgery

The Tel Aviv District Court has ruled that the Assuta medical network must pay approximately 8.3 million shekels in compensation to a patient who was left paralyzed in his lower body and lost sphincter control due to medical negligence during back surgery. Including benefits from the National Insurance Institute, the patient will receive a total of approximately 11.25 million shekels.

Before the procedure, the plaintiff was an independent entrepreneur in real estate and investments. In June 2021, he underwent spinal fixation surgery at Assuta Hospital to treat a herniated disc. During the operation, the handle of a surgical instrument broke, causing severe spinal cord damage.

The plaintiff initially sought 40 million shekels, citing total disability, the need for intensive rehabilitation in Italy, and a pre-injury monthly income of 100,000 shekels. Assuta argued that the claim was excessive, noting that the patient had a pre-existing spinal condition dating back to 2004, and requested that liability be limited to 40% of the damages.

Judge Irit Kalman-Brum described the incident as a "very difficult and unfortunate case." However, the court upheld several of Assuta's arguments regarding the excessive nature of the claims:

1. The court rejected the request for compensation for rehabilitation in Italy, stating that the required therapeutic framework is available within Israel.

2. Claims regarding medical accessories were deemed significantly exaggerated.

3. The plaintiff’s loss of earning capacity was set at 70%, and the monthly salary base for damage calculations was adjusted from 100,000 shekels to 30,000 shekels (after indexation).

Ultimately, the judge ordered Assuta to pay 6,874,405 shekels in damages, plus legal expenses and approximately 1.48 million shekels in attorney's fees. These funds are in addition to the 2.9 million shekels the plaintiff is already entitled to receive from the National Insurance Institute.