Torts in Israeli Law. Medical Malpractice and Nonpecuniary Harm
Delikty w prawie izraelskim. Zadośćuczynienie za szkodę niemajątkową w wyniku medycznych zaniedbań

Summary/Abstract: This article discusses a complicated and cumbersome aspect – non pecuniary harm of the type known to all of us as pain and suffering. As of today, there are no well-defined legal standards on the evaluation of non pecuniary harm in general and of the type of pain and suffering in particular.Consequently, we find rulings of damages that are significantly different between the harmed parties ,even in circumstances under which the harms are similar. The matter of every harmed party is individual, and the question of the harm is unique to his or her lifestyle. The economic approach to law teaches that the guiding principle in torts is justice that remedies the harm in an equal manner, and thus certainty in law is obtained. However, in the absence of well-defined legal standards, the economic approach is unachievable. One possible solution to this situation is that the types of harms and the types of harmed people could be the deciding factor in the amount of compensation, therefore it is necessary to estimate, evaluate, and quantify this in numerical, financial terms.

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