The diagnosis was wrong - the hospital will compensate NIS 1.7 million
A woman who suffered from mental disorders asked to be hospitalized at Hillel Yaffe Hospital, but despite the psychiatrist's diagnosis of "psychomotor restlessness" she was released to her home.
After she tried to commit suicide and was left disabled, the hospital compromised on the amount of compensation through an external mediation process
David Rosenthal
09/29/2022
Thursday, September 29, 2022, 7:05 p.m
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A woman in her early 50s, divorced and mother of two children, suffered for many years from mental disorders, to the extent that she chose to jump from the fourth floor in an attempt to commit suicide and end her life.
A few hours earlier, she approached the "Hillel Yaffe" hospital twice in her room, but even though she was diagnosed as suffering from psychomotor restlessness, she was sent home.
As part of a mediation process recommended by the court, she was awarded compensation in the amount of NIS 1.7 million.
How did it all happen?
The plaintiff, who suffered from a mental illness for many years and was treated and recognized by the authorities, felt a deterioration in her mental state.
She suffered from depression, angry outbursts, sleepless nights, imaginings and hallucinations.
On the morning of the incident, the plaintiff felt that she could no longer function independently.
After consulting with her daughter, she went to the family doctor at the health fund, who urgently referred her to the "Hillel Yaffe" hospital in Hadera, to the psychiatric emergency department, to talk with a specialist psychiatrist.
In front of the psychiatrist, the plaintiff stated that for several days she has been suffering from restlessness and has paranoid thoughts.
After undergoing an examination, it was discovered that she suffers from psychomotor restlessness, and the hospital's psychiatrist even noted that the plaintiff has been walking around with "thoughts", for about a year and a half.
Despite this, the plaintiff received only a sedative injection, and was sent home.
The plaintiff's mental state continued to deteriorate.
After less than 3 hours, the plaintiff chose to return to the hospital - the psychiatric emergency room, and asked to be hospitalized due to her condition.
Will pay as part of external mediation.
Hillel Yaffe Hospital (Photo: Reuven Castro)
In another examination conducted in the psychiatric emergency room at the hospital, it was noted that the plaintiff is in a psychotic state and suffers from thought disorders and disorganized delusions, but it was noted in the same medical document that "there is no indication for forced hospitalization."
Not a single red light was turned on for the medical staff, even though the plaintiff arrived several hours earlier at the psychiatric emergency room and even though she complained and stated that her mental state was deteriorating and especially after she stated that the sedative injection she received did not help her.
The hospital doctor who received her the second time, did not consult the psychiatrist who had examined the claimant a few hours earlier, and she also preferred to release the claimant to her home with medication only.
The plaintiff's attempts to be hospitalized were in vain.
The answer she received was that she is a young woman, and it is not appropriate for her to stay in the ward because of the lack of hygiene of hospitalized patients, who are older than her.
She left the hospital but continued to suffer from hallucinations.
For her, it was a sign to take action, to jump to her death from the fourth floor of the residential tower, and put an end to the suffering she experienced in her life.
The suicide attempt was unsuccessful.
Although the plaintiff remained alive, she suffered many fractures and lacerations in her body.
As a result, she underwent several surgeries and a long and difficult rehabilitation process, at the end of which she was left 100% disabled, and now gets around with the help of a wheelchair.
The lawsuit filed by Ken-Dror & Harel & Co., an attorney and mediator firm specializing in tort law and insurance law states: "The subject of this lawsuit is gross negligence and/or recklessness on the part of the medical staff in relation to the complaints and/or inquiries of the plaintiff who was in severe mental distress and which led to the plaintiff's mental stress, helplessness and frustration when she felt that there was no medical response to her complaints, and as a result of which the plaintiff committed a suicide attempt that left her 100% disabled, confined to a wheelchair, with her life dead. For several fateful hours which indeed, unfortunately, at the end of the plaintiff's fate was decided and she was condemned to a life of unbearable suffering and pain.
If the defendants had behaved differently, as is expected of them as a medical institution that provides medical services, the suicidal attempt that is the subject of the lawsuit could have been avoided."
The defense team claimed that the medical staff of the "Hillel Yaffe" hospital acted according to standards of acceptable medical conduct, exercised professional and skillful judgment, and that the plaintiff's damages were not caused by negligence or carelessness on the part of the hospital staff, but that it was a sudden event and unexpected.
Counsel for the plaintiff, Adv. Lior Ken Dror (Photo: Yakir Barbi)
The court referred the parties to an external mediation process in an attempt to end the dispute outside the court's walls.
At the end of the procedure, the parties reached an agreement that the plaintiff will receive a proper compensation amounting to NIS 1.7 million.
Attorney Lior Ken Dror: "We believe that this is a very appropriate compensation for the plaintiff's damages, and in particular, taking into account the plaintiff's age and salary, it depends on the case and according to her damages."
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Hillel Yaffe
