The family of Yossi Mishal z”l, his four children and their grandmother, have filed suit against Magen David Adom and Barzilai Hospital in Ashkelon.

According to the lawsuit filed in the Tel Aviv Magistrate’s Court against MDA and Barzilai by the plaintiff’s attorney Amir Levenstein, on behalf of the four children left orphaned by their father’s death. On 21 February 2007, their father suffered a stroke at 8:10am. An ambulance was called at 8:57am, which arrived at 9:04am. Treating their father was MDA paramedic Igor Artel, who reported the patient arrived at Barzilai Hospital “in satisfactory condition,” conscious and on oxygen support. The ambulance left their home at 9:21, arriving at Barzilai at 9:57am.

After undergoing a CT and other exams, it was decided that his condition was too severe for the hospital’s neurological facility and that he needed to be transported to Hadassah Ein Kerem Hospital in Jerusalem.

This launched an argument between the hospital and MDA as which agency would cover the cost of the transport, delaying the transport for about 2.5 hours, hours that the victim’s mother Rachel insists cost his life. She states in the lawsuit that she pleaded to permit her to pay, for an ambulance or even a helicopter, but her pleas went ignored by all.

Upon Yossi’s arrival at Hadassah, doctors questioned by it took so long for him to arrive, explaining the window of opportunity for treating his condition passed. The suit also includes a letter sent to Rachel from Dr. Yuval Weiss, the deputy director of Hadassah, in which he writes the delay in transport was the main contributory factor to the limited success of the treatment. “I can say with almost certainty that a timely transport would have led to a different outcome”.

In defense, MDA spokesman Yerucham Mandela explains the ambulance could not move until the payment was arranged, adding “even if the ambulance was at the door to the hospital, it would not have moved until the payment was arranged”.

Responding to Rachel who states she pleaded that the crew transport to Tel Hashomer Hospital, where Yossi has been treated in the past, Mandela stated “the transport decision is up to the EMS team which does not have to comply with the family’s request”.

Rachel also sent a letter to the Health Ministry’s ombudsman, receiving a response from Prof. Shimon Glick, who reports that following as second fatal case attributed to a delay in transport, the payment method for an ambulance needed for transport has been revamped to avoid additional tragedy.

Eventually, Yossi died and the case is now in court. Attorney Levenstein is armed with letters from neurologists and other experts, testifying that the treatment window of opportunity in such cases permits up to three hours, and due to the negligence of the two agencies, the patient did not survive.

Rachel explains that her son raised his four children alone and now, she will take over. The children are adults, 21, 20, and two 18, and they too question why the agencies lost sight of their primary goal, treating a critically ill patient, their father, which in their opinion, contributed to his death.

(Yechiel Spira – YWN Israel)