Kopf Klalit will pay eight million shekels to a couple of parents whose baby became 100% disabled | Israel Hayom

Klalit health services will compensate a couple of parents with eight million shekels, the district court in Lod ruled.

Today (Sunday) the verdict was published in the case in which the couple sued the health fund, after the "Soruka" hospital, which the fund owns and manages, was negligent in properly instructing the mother to breastfeed and feed the baby - which led to irreversible brain damage to the newborn

In September 2009, the mother was admitted to the hospital in Be'er Sheva and gave birth successfully.

During the hospitalization, the hospital reported in the baby's nursing report that he was "eating well" and that his condition was "normal", while the baby did not eat at all after repeated attempts by the mother to nurse him without success.

We claimed proper treatment.

General Health Insurance Fund, photo: Yehoshua Yosef

Parax in his house

Towards the end of the first night shift after the night, the nurse returned the baby to its mother.

The mother testified that the nurse specifically told her that "a nurse will come later to instruct her how to breastfeed him."

About 36 hours after the birth, the mother and the baby were released with the recommendation to continue and try to feed the newborn through breastfeeding.

In the "Training form for the mother in hospital and on discharge" it was stated that training was given on a number of topics including the benefits of breastfeeding, holding a baby and more.

The day after the release, the baby was rushed by his parents to the emergency room at the hospital, after convulsing at home.

In the admission form for the emergency room, it was written: "He was discharged from the nursery at the age of 36 hours in a good general condition, vital and alert, breastfeeding, examination at his discharge was normal. According to the mother, about 12 hours after discharge, the baby refused to eat, became apathetic, and did not respond to stimuli. Involuntary movements were observed several times in the limbs and he was referred to the emergency department."

A nursery (illustration), photo: Dovrat Assaf Harofeh

100% disability

At the conclusion of the MRI examination, it was found to be extremely likely to be hypoglycemia - extensive brain damage.

Later, the minor was diagnosed as suffering from generalized brain damage as a result of the hypoglycemia, and there is no medical dispute that his disability is at a rate of 100%.

The parents argued before the court that the hospital was negligent in feeding the baby and in guiding the mother on the subject and breastfeeding him, so that the mother and the baby were released to their home without the principles of breastfeeding and the baby's nutritional needs being assimilated as required. The plaintiffs supported their claims with the opinion of Dr. David Kehalat - an expert in pediatrics and neonatology who stated Because a baby must eat every 4-6 hours to fulfill the metabolic needs of his body.

It was also claimed that at the time of discharge from the hospital, breastfeeding had not yet been established, it was not taken into account that the mother lacked experience in breastfeeding, and no appropriate recommendations were given regarding the reinforcement of the baby's nutrition through the addition of baby food substitutes.

The district court in Lod, photo: Yossi Zeliger

"The responsibility of the parents"

Klalit Health Services claimed in their defense that the mother and the baby were properly cared for according to accepted practice and that the mother received adequate training on breastfeeding and caring for the baby, and even breastfed the baby.

In addition, according to them, there were no signs of hypoglycemia during the hospitalization.

The baby was released in good condition, after a proper medical examination, and after the mother said she was breastfeeding, so no recommendation for additional food replacement was required.

The cause of hypoglycemia is fasting for more than 12 hours in which the mother did not feed the baby at home, this after discharge from the hospital and since the baby is under the care and supervision of the parents only.

Soroka Hospital - Saban Maternity Hospital, photo: Dodo Greenspan

The health fund also claimed that the responsibility for the baby's condition lies with the parents who behaved in an unreasonable manner, showed indifference to the condition of the baby who had not eaten for several hours, and did not initiate contact with those around them or a professional to find out about his condition.

In the verdict, it was determined that the responsibility rests with the hospital and thus they acted negligently, which is manifested in the lack of adequate training of the mother regarding breastfeeding and feeding the baby.

This negligence led to the fact that the baby was not fed as required close to being released from the hospital - as a result he suffered brain damage.

It was also determined that the parents are also responsible for the condition of the baby who has not been fed for 12 hours and that they must bear 50% of the damage.

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