Subscribe to Print Edition | Mon., September 08, 2008 Elul 8, 5768 | | Israel Time: 02:20 (EST+7) web haaretz.com   Back to Homepage Haaretz Toolbar Diplomacy Defense Jewish World Opinion National Print Edition Car Rental Books Haaretz Magazine Business Real Estate Easy Start Travel Week's End Anglo File

HMO to pay record NIS 14m for failing to diagnose genetic disorder By Ran Reznick Tags: HMO, healthcare, Clalit  The Kupat Holim Clalit health maintenance organization (HMO) was ordered last week to pay a record NIS 14 million in damages after one of its physicians failed to diagnose a deadly genetic disease. The settlement is the largest sum ever paid in Israel for medical malpractice. A judge at Be'er Sheva District Court found the HMO negligent on the basis of the doctor's erroneous diagnosis of a fetus. The verdict found that in 1990, an expecting couple visited the genetic institute at Rehovot's Kaplan Hospital, which is run by Clalit. The woman had previously been diagnosed as a carrier of the gene causing Adrenoleukodystrophy (ALD), and sought to determine whether the gene had been passed on to the unborn child, a girl. Advertisement ALD is an inherited disorder that causes progressive brain damage, failure of the adrenal glands and untimely death. It primarily affects males, and is rarely found in newborn girls. Prof. Moshe Chamka, then head of the institute, determined that the fetus' chromosomes were normal, even though he was aware of warnings from doctors at a Dutch laboratory specializing in the disease, who examined samples and found that the fetus was carrying the deadly gene. They alerted Chamka to the possibility that the girl could eventually develop the disorder in its most severe form. Despite these warnings, Chamka told the expectant parents that while the fetus appeared to be carrying the gene, their daughter would not suffer from the disorder. The girl was born in healthy condition, but in third grade she began to show signs of psychomotor difficulty. She was diagnosed with ALD at the age of 10. Today, aged 18, she suffers from a range of severe disabilities including acute psychomotor disturbance, frontal lobe syndrome (manifested in a tendency to kiss and bite) and severely impaired judgment. Her condition requires constant care and supervision. Following the diagnosis, the girl received a bone marrow transplant from her sister. The transplant temporarily halted the deterioration of her condition, but doctors believe few prospects remain for her situation to improve. According to the verdict of Judge Varda Meroz, Chamka did not give sufficient credence to his Dutch colleagues' findings, and behaved rashly in formulating his diagnosis. "Modesty befits any man, particularly a physician. A doctor must not be beholden to his own thesis and disregard the views of others," the verdict read. The verdict noted that had the condition been correctly diagnosed, the parents would have likely terminated the pregnancy. Attorneys for Clalit and Prof. Chamka rejected the charges, claiming Chamka acted appropriately at the time of diagnosis, and that the deterioration in the girl's condition could not have been foreseen. "Not every mistake constitutes negligence, and not every medical failure reflects a case of malpractice. The nature of medical treatment is that sometimes it is successful and sometimes it fails," they said. The lawsuit against Clalit and Chamka was filed in 2002 by attorneys Dr. Shai Feuering and Gideon Penner. The NIS 14 million settlement includes lawyers' fees, but does not include disability payments the family will receive from the National Insurance Institute. Veteran lawyers familiar with malpractice cases told Haaretz that the settlement represents the largest sum ever awarded for such a lawsuit in Israel. It includes NIS 1 million for "pain and suffering," stating that "the tragedy inflicted upon the plaintiff and her parents is extremely difficult. There are no words to describe the extent of their suffering." Bookmark to del.icio.us   Interfaith grandchildren A new group is helping U.S. seniors teach their interfaith grandkids Jewish traditions. Iranian war games Iran army to hold three-day drill amid speculation over Israeli strike.   1.   One Less Chance To Have Won A Medal At The Handicaped Olympic 07:10  |  Joseph.E 07/09/08   2.   Re #1 08:52  |  Esther 07/09/08   3.   unspeakable #1 of Givatayim 10:48  |  S 07/09/08   4.   Let`s "Bridge" the Gap 11:39  |  eddie - Haifa 07/09/08   5.   # 2 Esther & # 3 S 14:43  |  Joseph.E 07/09/08   6.   I Believe there is more chance of success if the transplant 16:03  |  Joseph.E 07/09/08   7.   Any chance of suing for GOVERNMENT "Malpractice?" 23:51  |  Yaakov K. 07/09/08

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