Legal and Forensic Medicine in Israel 29

Abstract

Abstract This chapter provides a brief overview of the Israeli healthcare system, covering health and legal aspects, doctor and patient relationships, and patient's rights through the main causes of action in Israel's legal system. It will also examine the role of the expert witness in presenting scientific and forensic evidence in civil and criminal proceedings. The right to healthcare is recognized as a fundamental right in the Israeli law and consists of many rights scattered among legislation. Patient's Rights Law (1996) regulates the rights of the patient and doctor-patient's relations. National Health Insurance Law declares the rights of residents to receive basic healthcare services. These basic medical services include specific medical procedures, medical technology, and lifesaving medication that change each year according to budget and other interests. In addition, Public Health Maintenance Organization (HMO) and insurance companies may offer residents supplementary private insurances and provide services beyond this basic basket. This situation creates a significant gap and disparity between patients who need the services, covered by the NHI, and patients who seek the services of private practices. This dichotomy also creates a difference in the quality of the medical services where private insurance can supply far better quality health services. In recent decades, the conservative-paternalistic approach has given way to the autonomy of patient's approach which has enormously changed doctorpatient relationships. This has influenced the structure of healthcare management. Court judgments in medical malpractice law use evidential means to overcome the disparity of knowledge between doctor and patient

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