Baby at Sheba Hospital dies from aggressive bacteria - parents to be compensated with 2 million shekels
A baby born in good condition at Sheba Tel HaShomer Hospital contracted a deadly bacteria and died a few days later. The court determined that there was a negligent delay in medical treatment and that the hospital failed to prove it took sufficient measures to prevent infection in the ward, and ordered compensation for the parents.
The Tel Aviv District Court recently accepted a severe medical malpractice lawsuit filed by the parents and twin sister of a baby in the neonatal intensive care unit at Sheba Tel HaShomer who died at just five days old following a deadly bacteria. The court determined that the hospital did not do enough to prevent the illness and ordered compensation totaling 2 million shekels.
The painful incident occurred in October 2011. The baby, a twin, was born prematurely at 35 weeks of pregnancy, weighing about 1.8 kilograms. According to medical records, his general condition after birth was "good, alert, and vital." Because he was premature, and since his mother carried a certain bacteria (GBS), he was transferred for observation in the neonatal unit and received preventive antibiotic treatment. After his tests returned normal, the medical staff stopped the antibiotics on the morning of his fourth day.
However, on that same day, a sharp turn occurred in his condition: the baby suffered from respiratory arrest twice, his heart rate dropped, and his body temperature rose above 38 degrees. The situation continued to complicate, and after midnight he was transferred to intensive care, where he received strong antibiotics and underwent intensive resuscitation efforts. Unfortunately, the intensive treatment did not help, and the staff was forced to declare his death.
After his death, it turned out that the baby had been infected with an aggressive and resistant bacteria called "Enterobacter ESBL." The family, through attorney Ilit Nevo-Rafael, filed a lawsuit claiming a series of failures — from failure to maintain hygiene rules and infection prevention in the neonatal unit, to a critical delay in administering the appropriate antibiotics. On the other hand, the state, through attorney Evelyn Aviad and others, argued that the baby's death was inevitable and that the family's claims were based on "hindsight."
The delay in treatment, and the doubt regarding the source of infection
Judge Mor-El rejected the hospital's position and determined that the burden of proof was on the state to show that it had taken all measures to prevent the infection — and in this, it failed. In court, it emerged that at that time there were at least 18 other premature babies in the unit who carried the bacteria, but the state did not provide a professional explanation for this, and did not prove what precautionary measures were actually taken. The judge noted that the hospital's silence on the matter works against it, and determined that it is more likely that the baby was infected by some source within the ward.
In addition, the court found deficiencies in the medical treatment itself. It was determined that the staff operated under the mistaken assumption that the baby was not suffering from an infection because he had only finished antibiotic treatment that morning. The verdict stated that this assumption led to a significant and negligent delay in conducting the necessary tests and expanding the antibiotic treatment. However, the judge clarified that her findings are not intended to cast aspersions on the medical staff itself, whom she described as a skilled, dedicated team that acted with good intentions and under difficult conditions.
In conclusion, it was ruled that the state will pay the deceased's estate compensation in the amount of about 1.79 million shekels (for heads of damage such as pain and suffering and shortened life expectancy), and will also bear legal fees in the amount of about 418 thousand shekels and court costs.
