A Palestinian prisoner did not receive timely medical treatment, which caused his disability. He sued the state, and Jerusalem District Court Judge Aryeh Romanov ruled that the state would compensate him in some NIS 560,<>, including attorney's fees and court costs.
Slightly injured - and compensated for $21.5 million (archive)
The plaintiff, who served multiple prison sentences, claimed in his lawsuit that medical malpractice caused him disability. According to the prosecution, he experienced weakness in his legs and upper extremities during his incarceration, and an orthopedist who examined him diagnosed a low back problem and prescribed medication. However, the pain continued, and according to the prosecutor, his condition worsened.
A few months later, he was rushed to the emergency room, where a neurologist suspected that the patient had a malformation in his neck and recommended an immediate MRI. However, the surgery was eventually performed only about five months later at Rambam Hospital.
According to the prosecutor, because he was a prisoner, he could not go to a doctor or hospital on his own and ask to be treated urgently. It was further argued that because of the negligent treatment, the plaintiff lost valuable time, during which his health deteriorated. According to the prosecutor, the surgery only stopped his deterioration and left him with a 50% disability. The state argued that the treatment given to the plaintiff was not slow but expedited, and even if the surgery had been performed earlier, it would not have prevented his disability.
Palestinian prisoners in prison, photo: Archive photo: Moshe Shai
In summary, the judge ruled that the plaintiff's damages from the delay in treatment, including loss of earnings and pain and suffering, amount to approximately NIS 1.3 million. The judge attributed 30% of the severity of the plaintiff's current medical condition to the natural development of the disease in his body, and divided the remaining 70% equally between the Israel Prison Service and Clalit Health Fund, to which the orthopedist who initially examined him belongs. Clalit reached a settlement with the plaintiff.
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