Therefore, the medical disability in the field of orthopedics caused to the plaintiff as a result of the accident is 10%.
The plaintiff's medical condition in the field of neurology
- The court-appointed neurology expert, Dr. Koritzky, detailed in the opinion the plaintiff's complaints about the pain she suffers, which worsens during physical exertion. The expert noted that the plaintiff is not interested in drug treatment, and that she sometimes uses cannabis, which she receives from addicts.
The expert conducted a clinical examination, which was normal and did not yield objective findings, and it was also determined that motor function was normal. However, in light of the persistence of the complaints and the imaging findings showing pressure on the root S1 on the left, it was determined that a pain syndrome had developed that limited the plaintiff's functioning to a certain extent. The expert noted that there is a question as to whether the full disability should be attributed to the accident, in view of the absence of the event from the initial medical documentation.
In conclusion, the expert determined that he assesses the degree of the plaintiff's disability in the area of pain at a rate of 5% in accordance with sections 29(6) A and B (adjusted).
- During his interrogation, Dr. Koretzky was presented that after giving his opinion, starting in 2024, the plaintiff began to consume licensed medical cannabis, for the purpose of dedicated treatment of her pain, and against this background, the expert noted that he would have considered increasing the disability rate to 10%. On the other hand, he went on to reiterate the doubts he had already expressed in the opinion regarding the attribution of the full degree of disability to the accident, against the background of the plaintiff's general condition, and detailed [Prov. at p. 16]:
"Okay, so I'll summarize, add and tell you that some of the findings, for example, are the imprisonment of the S1 root with its degenerative changes that certainly don't belong to the matter of the injury. I mean, it's degenerative changes of this root, I mean there are a lot of things here, the lady was in pain, she's a young person, relative to me at least, and she complained a lot about shoulder pain, neck pain, I mean she had complaints of pain before, so I mean she suffered from different types of pain, not low back pain and I note that I didn't find any complaints of low back pain in her past but the findings are also findings that are not only possible to be attributed to the severity of the injury, but also perhaps degenerative changes in the spine."