The contractor escaped liability for the injury, and will pay a lot of money to the plaintiff

A contractor who worked at the hospital left a pile of irons on the floor on which a nurse slipped and as a result was left with a disability.

His claim: "An annoying lawsuit, she is 100 percent guilty."

How much will he eventually pay?

David Rosenthal

27/06/2022

Monday, 27 June 2022, 09:28

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Countless words have been written about the dedication of nurses in hospitals in Israel and the relatively low wages paid to them for their work, also the fact that they work long shifts, under chronic insomnia and deal with outbursts of violence from patients and their families, does not add to the prestige of the profession.

Bottom line - we all need to embrace them.

Against this background, the story before us is outrageous as it illustrates the contempt for them and the spitting into the well from which we all drink.

S., a 74-year-old veteran nurse, continued to work with dedication at a hospital in the center of the country and dedicated her life to the public good.

In January 2019, during a shift, she was urgently called to treat a patient in critical condition who had just been rushed to the hospital and while walking, slipped on the floor due to a pile of irons forgotten by a contractor performing maintenance work. She was rushed to the emergency room. During the examination, a long and deep incision was found along the length of the arm and after hospitalization, which included treatment with painkillers and casting, she was released to her home. S. was later examined by a medical committee appointed by the National Insurance Institute. .

Her life changed beyond recognition after the accident and she suffered severe pain that made it difficult for her to function.

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The contractor was negligent, the nurse was injured - and everyone lost (Photo: ShutterStock)

In light of the contractor's resounding negligence, the nurse filed a tort claim against him and the hospital.

Her attorney, Advocate Yosef (Sefi) Kostika, an expert in insurance and tort law, claimed that the contractor did nothing to prevent the unfortunate accident and violated his duty to ensure the safety of passers-by and returnees. The risk.The indictment includes a long line of outrageous negligent omissions.Thus, for example, no sign was posted warning of the danger posed.

On the other hand, the contractor stated in the written defense he submitted that this was a troublesome and annoying lawsuit that occurred due to the plaintiff's absolute guilt.

He said the fall occurred due to her involuntary risk and that the nurse did not look to the sides and thus she bears the blame alone.

According to him, she has a contributory negligence at a rate of 100% and there is no causal connection between the default and the damage that occurred to her.

If the summary of his arguments is not sufficient, it was further stated in the written defense that a disturbed crossing, as encountered by the nurse, does not constitute a dangerous thing and in fact has no connection and / or connection to the incident.

Adv. Sefi Kostika (Photo: Yachz)

And how did the saga end?

At the end of the day, and in order to avoid further tedious proceedings in court, the parties reached a compromise according to which both the hospital and the contractor will pay her compensation in the amount of NIS 176,000, in addition to the tens of thousands of shekels paid to her by Social Security.

In total, she was paid a total compensation of about NIS 226,500.

According to Adv. Yosef (Sefi) Kostika: "The law stipulates, among other things, that the compensation to be paid in tort claims is also derived from the life expectancy of the victim.

Hence, in light of the nurse's advanced age, this is compensation that properly reflects her damages.

It should be noted that the desire to avoid further agonizing proceedings due to his age, is the reason why it was decided to sign the appropriate settlement agreement in the circumstances of the case.

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