Supreme Court
In the trial against Rayb Weigel dealt with the spinal surgery in which surgeons have found a wide scar on the dorsal muscles of the patient. Surgeons felt that the scar is one of the reasons for spinal pain patients and produced an additional surgery to remove scar. Additional surgery was unsuccessful, was damaged vertebral nerves, resulting in which the patient began to suffer from urinary incontinence and impotence. The Supreme Court recognized the responsibility of doctors for damages. In the reasoning of its decision underlines the chairman of the Supreme Court at that time, Judge Shamgar, that, despite differences in professional medical approaches, the technique of the additional operations and the decision itself that further surgery is not negligence. Medical negligence in this case, continues to argue the judge Shamgar, is expressed in an additional operation without the informed consent of the patient to additional surgery, even if additional surgery was carried out with the good intention of treatment.
This verdict marked the beginning of the recognition of the patient's right to receive complete information about the upcoming treatment and its possible consequences and the law Patient autonomy in decision-making. At the same time, the amount of compensation, appointed by the court in cases involving medical malpractice, has remained relatively low. In the case of Weinstein v. Bergman from 2002 for the first time the court appoints a significant amount of compensation, 150 000 NIS for fall as a result of corrective eye surgery. What are the requirements to obtain informed consent in accordance with law? Patients' Rights Act states that the physician should provide the patient with the following information: diagnosis, prognosis follow-up treatment and / or course of illness, description of the nature of treatment and its goals, the likelihood of success, as well as possible side and negative results of the proposed treatment of existing alternatives to the proposed treatment; whether the proposed treatment of new or proven technologies, the success rate and side and negative results alternative treatment, the risks in the event of failure of treatment.
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