Medical Examination for Court in Israel: Who Pays and How It's Appointed

Essence

A court-appointed medical examination is an independent medical opinion ordered by a court to clarify matters requiring specialized knowledge in the field of medicine. Its primary objective is to provide the court with an objective assessment of a person's health status, the cause of an injury or illness, and the degree of incapacity for work. It is a key instrument in cases involving personal injury, medical malpractice, and claims against Bituah Leumi (the National Insurance Institute).

In Which Cases Is It Appointed?

The court may appoint a medical examination in the following situations:

• Personal injury claims: following traffic accidents, work-related injuries, falls, etc.
• Medical malpractice cases: to assess the appropriateness of the medical staff's actions.
• Disputes with Bituah Leumi: to determine the percentage of disability and eligibility for benefits.
• Family law disputes: to assess the legal capacity or health status of a family member.
• Criminal cases: to determine the cause of death or the severity of inflicted bodily harm.

As a rule, the examination is appointed upon the motion of one of the parties (the plaintiff or the defendant) or at the court's own initiative when the opinions of the parties' experts are fundamentally divergent.

What the Examination Determines

The expert's opinion (in Hebrew, "khavat da'at refuit") is significant evidence in court and typically answers specific questions posed by the court. The main points determined by the expert are:

• Diagnosis: The plaintiff's current medical condition.
• Causation: Whether the current condition is linked to the event that is the basis for the claim (e.g., a traffic accident).
• Percentage of medical disability: An assessment of the degree of functional impairment, expressed as a percentage (akhuzey nekhut).
• Prognosis: The likelihood of future improvement or deterioration of the condition.
• Recommendations: The need for further treatment, rehabilitation, or third-party care.

Step-by-Step Guide

The process of appointing and conducting the examination typically proceeds as follows:

1. Filing a Motion: Your attorney files a motion with the court to appoint a court medical expert.
2. Appointment of the Expert: The court selects a medical specialist from the official list of court experts. The parties may propose their own candidates, but the final decision rests with the court.
3. Payment for the Examination: The court determines who pays for the expert's services and in what proportions. Most often, the costs are divided equally between the plaintiff and the defendant at this stage. The final allocation of costs will be decided at the end of the proceedings (they are usually borne by the losing party).
4. Submission of Documents: The attorneys for both parties provide the expert with all relevant medical documents pertaining to the case.
5. Medical Examination: The expert schedules a date and time for a personal examination of the plaintiff. It is crucial to attend this examination.
6. Preparation of the Opinion: Based on the documents and the examination, the expert prepares their opinion and sends it to the court and the parties.
7. Cross-Examination of the Expert: After receiving the opinion, the attorneys have the right to send clarifying questions to the expert or to summon them for cross-examination in court.

List of Documents

To provide to the expert, you, together with your attorney, must prepare a complete set of medical documents.

• All hospital discharge summaries (sikum ishputz) related to the injury.
• Opinions from all treating physicians and consultants.
• Results of diagnostic tests (MRI, CT, X-ray, ultrasound).
• Documentation from the health fund (kupat holim) confirming complaints and physician visits.
• The court order appointing the examination.

Pitfalls

• Cost: Be prepared for the fact that you will initially bear a portion of the expert's costs. The cost of an examination can amount to several thousand shekels. Discuss this matter with your attorney.
• Expert Neutrality: A court-appointed expert is not your treating physician. Their task is to provide an objective assessment for the court, not to assist you. Behave in a reserved manner during the examination and answer questions factually.
• Do Not Miss the Examination: Failure to appear for the examination scheduled by the expert may be interpreted by the court as an attempt to conceal information and will have an extremely negative impact on the outcome of your case.
• Complete Documentation: Ensure that your attorney has provided the expert with all medical documents that support your position. Any missing document can weaken your arguments.
• Preparation for the Examination: Before visiting the expert, consult with your attorney on how to conduct yourself and what questions to expect.

Contacts and Links

Official links and contacts were not provided in the source materials. For precise information regarding the list of court experts or procedures, consult your attorney or the official website of the Israeli judicial system (gov.il). The appointment of an expert occurs exclusively through the court.

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