According to these testimonies, even if there is a possibility that a mistake was made, in good faith, and under the pressure of urgency to save lives, there is no indication (especially that no expert testimony was presented) of the existence of negligence, let alone grave, or, heaven forbid, a deliberate act.
Exhibit 10 - Death notice of the deceased, Ben Dadon, was submitted, dated 23.03.21 at 10:28, signed by Dr. Ilya Rapliansky. The cause of death was "Multiple chest neck abdomen stabbing". P/10A - Report of the course of surgery (chest) performed on the deceased, by doctors Dr. Ilya Rapliansky and Dr. Roman Straltsov. The summary of the findings states that: "An unknown injured person was brought to the trauma room by the MDA team on a ventilator and without a pulse after an incident of multiple stabbings in the chest, neck and abdomen. A chest opening was performed on the left side in the space between the 5 sides. When opening a chest without blood in the chest, a large amount of air without a left lung thread, a pericardium with no fluid inside it was opened. The heart appeared empty and stagnant. An opening of a mediastinal flora was performed, an aorta was identified above the diaphragm and closed with a crosculum. Direct cardiac massage was performed for 20 minutes, without restoration of heart activity. Death was determined at 10:28. Closure of the left chest with a prolonged silk stitch."
- Physician from Soroka Hospital, Dr. Ilya Rapliansky, P.A. 37 - The nursing report sheet (P/10) was submitted, as well as the report of the course of the operation (P/10A. It was submitted as a supplement, in advance of the witness's second testimony hearing), in place of his main testimony.
He testified in court during two sessions, on February 14, 2023 and March 20, 2023. This is a doctor who worked in the surgical department at Soroka Hospital, treated the deceased in the emergency room, and later pronounced him dead. According to the "nursing report sheet" that he had before him at the time of his testimony, on the first date, the witness replied that the deceased was admitted to the emergency room at 9:58 a.m., and that he performed a medical procedure to open his chest at 10:05 a.m. According to him, as stated in the sheet, the patient arrived without a pulse, his blood pressure was not measured, and in fact he was dead (p. 614). At the beginning of the second session, he testified that the time of death was 10:28 a.m., and that the cause of death recorded by him was multiple stab wounds to the chest and neck. He clarified that according to the records, the procedure of intubation - the insertion of a tube into the trachea - was done by MDA, while the insertion of the right chest drain was signed by Dr. Roman Streltsov (A.T. 36), the other person on duty in the emergency room. The witness himself performed an investigative chest opening, in the shock room, and not in the operating room, due to lack of time. He confirmed that no blood was observed when the chest was opened, which means that the cause of death is not the entry of blood into the chest. He also confirmed that he wrote that the heart was observed standing and empty of blood - which explains its inactivity, as well as the failure of the heart massage and respiration, as a result of the loss of a critical amount of blood (pp. 652-654). As to the cause of death, and given that the witness is not a pathologist, he assessed that the defendant died as a result of massive blood loss, as a result of the stabbings, and not from sub-volumetric shock. He added, "The fact that we did not find blood does not mean that there was no damage to the respiratory system on the left side, it is only that there was no bleeding inside the respiratory system on the left side" (pp. 658, paras. 16-17), and agreed, in principle, with the thesis presented by the defense attorney, according to which, as much as MDA did Trocker in the right lung, when in fact there was a chest of air in the left lung, it could have worsened the deceased's condition, and ultimately led to his death. At the same time, the witness explained that the needle with which the chest puncture was performed did not, in itself, cause damage, and to the extent that it was done on the wrong side - all that can be said is that the treatment was not effective.