Duns 100 Forum Torts and Medical Malpractice Law 2022

20.07.22

On Wednesday, July 20, 2002, we held the annual Duns 100 forum of senior executives in the field of tort law and medical malpractice, hosted by Baruch Kara, News 13 legal correspondent and commentator.

The forum dealt with issues on the professional agenda in the field, including: the impact of civil procedure regulations in tort cases and medical malpractice, the phenomenon of professional opinions submitted by an expert and contradictory, consisting of appointing experts on behalf of the court, efficiency of mediation processes and other issues.

Efrat Segev, VP of Data and Analysis at Dun & Bradstreet, opened the discussion by saying: “The field of tort law and medical malpractice is one of the core areas of the legal industry and deals with material issues. Only recently has there been a sharp rise in the discourse on the reliability of expert opinion in the courts. There is no doubt that every branch of the legal industry must act in order to find effective and agreed solutions to this issue. "

Advocate Eitan Ha'azrachi, founder and owner, Eitan Ha'Azrachi & Co.: It is important to have binding mediation in such a way that the payment for it will be paid in advance as part of the fee and the mediation procedure will be done before a skilled mediator and expert in medical malpractice from a list in the courts and the parties will be charged for this procedure.

Adv. Tomer Bachar, Head of the firm Tomer Bachar - Law Office and Notary: These are entities that have all the time and all the resources needed to put countless experts on their behalf, deal with a long and cumbersome legal process and run a pressure roller on the court. In practice - there is no justice in Israel. There's a sentence and that's it. When it comes to tort claims, that's the truth. "

Adv. Galia Zeltzer Lifshitz, Senior Partner and Managing Director, Adv. Zeltzer, Law Office and Notary: But in practice we all know that when a court appoints an expert on its behalf, it removes the decision from itself and in fact the medical expert replaces the judge. This is a problem because a court may appoint an expert on its behalf at any stage. My way of trying to overcome this is to resist when I am not sure which school the expert belongs to. At least that is the opinion of our expert, which is evidence in the case.

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