High Court orders sides in Hadassah crisis to seek mediation
Despite objection from parents of sick children, judges appoint former Supreme Court justice Elyakim Rubinstein to lead the mediation process; Hadassah director says resigning doctors are welcome to return, noting however that 'it takes two to tango.'
The High Court of Justice on Tuesday ordered the sides in the Hadassah crisis to seek mediation, despite objections from the parents of the children hospitalized at the Pediatric Hemato-Oncology Department of the Hadassah Medical Center in Jerusalem.
The department treats children in need of a bone marrow transplant. Following the shortage in ward beds, the hospital's director, Professor Zeev Rotstein, decided to transfer and treat some of the children who need a transplant in the adult ward.
Six of the senior doctors at the department tended their resignation in March, saying the decision is fundamentally wrong and does not allow them to provide patients with the best care. Despite talks between the sides, the doctors and the hospital's administration have so far failed to reach an agreement to resolve the crisis.
The High Court tasked former Supreme Court justice Elyakim Rubinstein with leading the mediation, with the parents and the six resigning doctors on one side, and the Health Ministry and hospital administration on the other.
While the Hadassah Medical Center said it was willing to go to mediation, the parents tried to dissuade the court from this course of action, with a lawyer representing them saying, "The petitioners have had their fill of mediation and disappointments."
Speaking to the judges, attorney Eliad Shraga decried the fact all requests to have the hearing on the matter earlier were rejected, "while the children's treatment is not being done and the parents are on hunger strike."
In their petition, the parents asked the High Court to order the opening of a new hemato-oncology department at the Shaare Zedek Medical Center, as well as to order the dismissal of Prof. Rotstein from Hadassah and bar his plan to treat children at the adults' ward.
Judge Uzi Vogelman, however, asserted legal recourse would not help resolve the crisis, arguing "the reality is complex, while mediation could bring us close to 100 percent" to a resolution.
Justice Yoram Danziger told the parents the court is aware of the turmoil they and their children have suffered, with children having to seek care in other hospitals.
"We understand the physical and mental difficulties. We understand the families' desire to get the best medical treatment. We understand the cry of the parents who chose to take the extreme step of going on a hunger strike," Danziger said.
The resigning doctors, meanwhile, did not voice their position at court regarding the mediation offer, stating only that while they've agreed to mediation in the past, they prefer to have a court hearing at this time.
Outside the court, Hadassah director Rotstein was met with insults and accusations from parents, who called him a "bastard," adding "shame on you!" Some of the parents and children also burst out in tears.
In response, Rotstein said he "regret(s) the parents' objections, there is no other solution besides reaching an agreement."
During the court hearing, Rotstein said he was willing to have the resigning doctors back. He noted, however, that it might not be the case for the doctors, adding "it takes two to tango."
The Health Ministry welcomed the High Court's decision. Earlier this week, the state told the court in its response to the parents' petition the only solution to the crisis is the return of the resigning doctors to Hadassah.
