Medical Malpractice in Israel and the Financial and Non-financial Damage to the Victim

The goal of tort law and medical malpractice lawsuits is to restore the situation to its previous state. Namely, the compensation awarded to the victim aspires to return him to the situation before the damage was caused. However, this is not simple, since it is very difficult to measure mental damage or suffering experienced by the victim and to quantify it as financial payment. In tort lawsuits, including medical malpractice, there is a precise definition of the financial damage. The definition includes loss or any expense that can be quantified in money and can be detailed. In essence, it can be said that the Tort Ordinance does not provide a response as to how to calculate the damage, or a formula which defines the compensation and calculation of damage. The Courts in Israel differentiated between two types of pecuniary damage: general damage and special damage. The law in Israel does not determine a way to calculate compensation for pain and suffering of the victim, and the judge must form his impression regarding the medical opinion and calculate the scope of the suffering. The ruling determined criteria that influence the sum of the compensation. The age of the victim at the time of the accident affects the sum of the compensation awarded for pain and suffering. The Court, for the most part, examines the effect of the type of damage and its scope and its effect on the victim’s quality of life.