In the video: suspected pharmacists who gave expired drugs to cancer patients/Photo: Israel Police
As a result of a serious malfunction in 20 hospitals in Israel, a long line of patients whose number is still unknown received medicines that were intended for other patients.
Can the patients who received the wrong medication sue for medical malpractice?
Who can sue, who is being sued, does hiding the information constitute a criminal offense and is it even worth filing a class action lawsuit on behalf of all those patients?
All the questions and answers.
Is this medical negligence, what is the negligence here?
Certainly such a serious case is medical negligence - it is a significant deviation from the standard of reasonable medical care.
Incorrect drug treatment is life-threatening, certainly the public acknowledgment is delivered ten days after the discovery and not immediately, as was expected from any medical institution.
Who can sue in this case?
Anyone who was injured and received the wrong drug treatment that is not adapted to him personally.
In such a lawsuit, it is also possible to sue in the absence of proof of actual damage, but for the mere "poisoning" and giving incorrect medical treatment.
I assume that most of the patients were not harmed seriously and in a real way, at the same time, I believe that a class action lawsuit can be filed on behalf of all those whose "autonomy" was violated over their bodies and health.
These are 20 different hospitals: who was negligent?
Each hospital on its own, the Ministry of Health, the manufacturer of the Chameleon software?
The vast majority of hospitals in Israel are owned by the state itself or a general health fund, so these entities are suing and not the specific nurse or doctor, especially since they are affiliates of the medical institutions.
Beyond them, if necessary, the lawsuit will be filed against each hospital or medical institution separately.
Regarding the Kamilion program, I, as the victim, would not start going into the technological aspects, but file my claim with the medical institution, and if necessary, the institution itself will file a third-party notice against the software manufacturer.
Since the problem was discovered only in government hospitals and the General Health Insurance Fund, can the General Health Insurance Fund be sued?
Of course. The General Health Insurance Fund is one of the largest providers of medical services in Israel.
Attorney Glickman. "I don't remember a huge failure on such a scale"/Tali Nachshon Dag
Can a patient who was not harmed by another patient's medicine also claim negligence and receive compensation?
If so, what is the reason?
The reason in such a case is "impairment of autonomy", but in the absence of real damage, and in Israel the compensatory damages are relatively low compared to the Western world, it is hard for me to imagine thousands of people suing without proof of damage, unless they will be formed into a class action.
Is there an issue here for a class action lawsuit and thus against whom?
A class action lawsuit is probably the key to correcting the injustice done to thousands of customers, so that each of them will receive proportional compensation and as a group they have a better chance of bringing about significant change or benefit to all patients.
In such a case, the lawsuit will be filed against all the institutions together, and they will bear the relative compensation according to their market share or the amount of their victims.
According to the publications, when the patient arrives at the hospital, all the pills he received in his previous hospitalization are written in the medical file.
But now, due to a malfunction, in some of the medical files - incorrect information and incorrect medications appeared.
Have there been similar failures in the past?
I've been in the medical field for almost 20 years, I don't remember a massive failure on such a scale with the potential to affect so many people.
Unfortunately this is one of the disadvantages and at the same time the advantages of technology - it can have a positive effect on huge amounts of people and vice versa.
Hiding the fault for 10 days is negligence or a criminal offense?
I believe that both, certainly in serious cases significant and serious harm will be caused to the patients.
Criminal grounds for negligent damage or death are certainly possible in this type of case and we can only hope that no one is harmed at such a level.
The writer specializes in medical malpractice claims
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