Medical Experts Revise Assessments, Raising Accident Compensation to 5.2 Million NIS
Two court-appointed medical experts revised their disability assessments during a Lod court trial, raising compensation for a young traffic accident victim to 5.2 million shekels.
Court-Appointed Medical Experts Revise Opinions, Raising Compensation to 5.2 Million Shekels
In a rare judicial development, two court-appointed medical experts revised their initial assessments during a ruling issued this week at the Central District Court in Lod. The experts admitted to errors in their evaluations while testifying on the witness stand, leading to a substantial increase in the compensation awarded to a young car accident victim from his insurance company. Ultimately, Judge Sharon Tzentiper ruled that the plaintiff will receive a total of 5.2 million shekels.
The trial took a dramatic turn when both specialists were cross-examined by the plaintiff's attorney. The orthopedic expert, who had originally assessed a 10% disability rating for fractures and a meniscus injury, acknowledged his mistake and added another 10% to the disability rating. Simultaneously, the psychiatry expert chose to modify his evaluation after reviewing additional data presented during the cross-examination, increasing the young man's disability percentage by five percent.
"It is highly unusual for two experts in different medical fields in a single case to increase the disability percentages they originally assigned," said attorney Gil Ben-Ari, representing the plaintiff. "Often, many physicians appointed by the court fail to properly interpret the law and disadvantage plaintiffs by assigning low disability percentages that do not reflect their injuries. In such cases, cross-examining the experts in court and mounting a medical challenge to their determinations is essential."
Functional Disability and Severe Accident Background
Judge Tzentiper assigned the injured plaintiff a functional disability rating of 59%. The ruling noted that the individual had not yet begun his professional career in the labor market at the time of the accident. Although he managed to complete his studies as an automotive practical engineer, the judge took into consideration that due to his physical and psychological limitations, he remains incapable of performing manual labor in a garage.
The plaintiff was severely injured in a motorcycle accident six years ago at the age of 20. He suffered complex fractures and shattered bones in his legs, and on the day of the accident suffered a cerebral fat embolism during emergency surgery. He was hospitalized in critical condition in intensive care, remaining unconscious for two weeks. Following 23 days of hospitalization and a series of surgeries, he was transferred for prolonged rehabilitation at the Loewenstein Hospital for about half a year, where he required a wheelchair and crutches. Today, he suffers from knee instability, severe scarring, and cognitive impairments, and receives ongoing treatment through physical therapy, hydrotherapy, and medical cannabis.
