חוק ואטיקה

Basic Law

A law with constitutional status in Israel that holds supremacy over ordinary laws. Can only be changed by an absolute Knesset majority.

Human Dignity and Liberty (Basic Law, 1992)

Protects life, body, dignity, property, and privacy. Rights can only be limited by proportional, lawful, and justified means.

Ordinance (פקודה)

Binding legal provisions from the British Mandate era or early Israeli law, still in effect today.

Regulation (תקנון)

Secondary legislation issued by administrative authorities to implement Knesset-enacted laws.

Procedure (נוהל)

Internal guidelines in institutions that detail how specific tasks should be performed.

Public Law

ציבורי- Law that governs relations between individuals and state authorities; includes constitutional and administrative law.

Civil Law

אזרחי- Law that resolves disputes between private parties; uses the balance of probabilities standard of proof.

Criminal Law

פלילי- Law addressing offenses against the state. Requires proof beyond a reasonable doubt and includes punitive sanctions.

Torts Ordinance Section 35

Defines negligence: failure to act as a reasonable and prudent professional in similar circumstances.

Negligence

A breach of duty causing harm due to failure to act with reasonable care.

Assault (Torts Ordinance)

Intentional use of force against a person's body without their consent. Includes medical treatment without consent.

Conceptual Duty of Care

A general duty in a category of relationships, such as doctor-patient or driver-pedestrian.

Concrete Duty of Care

A specific duty assessed in a given case, using the foreseeability test.

Foreseeability Test

Used to determine if harm was predictable and if duty of care existed (technical and normative aspects).

Causal Connection

In torts, the need to prove a link between the breach and the damage.

Informed Consent

The patient's voluntary agreement to treatment after receiving adequate information about the procedure and risks.

Patient Rights Law - Section 13(a)

States that no medical treatment may be provided without the patient’s informed consent.

Patient Rights Law - Section 13(b)

Requires the physician to provide all relevant information needed for informed decision-making.

Therapeutic Privilege

Allows doctors to withhold information if disclosing it could seriously harm the patient’s mental or physical health.

Violation of Autonomy

When a patient is not given proper information to make an informed choice, infringing on their personal rights.

Autonomy

Respect for individuals' right to make decisions about their own bodies and lives.

Paternalism

When healthcare providers make decisions on behalf of patients, limiting their freedom for their perceived benefit.

Nonmaleficence

The ethical principle of avoiding harm to the patient.

Beneficence

The duty to do good and act in the best interest of the patient.

Justice

Fair treatment and equal distribution of healthcare resources without discrimination.

Sanctity of Life

The belief that life has inherent value and must be protected regardless of its perceived quality.

Medical Negligence

Failure to provide care that meets the accepted standard, resulting in harm to the patient.

Medical Error

An honest mistake made by a competent provider despite reasonable efforts.

Reasonable Doctor Standard

The expected level of care and judgment a trained professional would provide under similar circumstances.

Ethical Dilemma

A situation in which moral principles or values conflict, with no clearly right solution.

Placebo Dilemma

The ethical issue of giving a placebo without disclosure, risking violation of patient autonomy.

Blood Donation Refusal

A conflict between patient autonomy and life-saving treatment, such as a Jehovah’s Witness refusing transfusion.

Active Euthanasia

Deliberately taking action to cause a patient's death, such as administering a lethal substance.

Passive Euthanasia

Withholding or withdrawing life-sustaining treatment to allow natural death.

The Dying Patient Law (2005)

Allows patients to refuse life-prolonging treatment but forbids direct actions intended to cause death.

Jewish Medical Ethics

Ethics based on Torah law, emphasizing sanctity of life and requiring rabbinic consultation for dilemmas.

Halachic View on Euthanasia

Active euthanasia is forbidden; passive euthanasia may be allowed in strict cases with rabbinic approval.

Obligation to Provide Basic Needs

Halachically, food, fluids, oxygen, and standard treatments (e.g., antibiotics) must not be withheld.

T.A. 8005/06 B.R. v. Sapir-Meir Medical Center

Case where delayed cesarean caused severe injury to newborn; resulted in high compensation.

T.A. 1410/99 Moti Levy v. Leumit + Hadassah

Delayed tumor diagnosis case. Initial compensation later reduced due to statute of limitations.

TAMSH 28450/09

Court authorized tracheostomy against guardian’s wishes for unconscious patient, citing legal and halachic duty.