Filing a Medical Malpractice Claim in Ramat Gan

What is Medical Malpractice and How to File a Claim?

Medical malpractice is a deviation from the medical standard prescribed by law — that is, medical treatment that did not meet the standard of a reasonable physician in similar circumstances. When medical malpractice causes bodily injury, financial damage, or additional suffering, you have the legal right to file a compensation claim against the physician, hospital, or responsible medical institution.

Filing a medical malpractice claim is a complex legal process that requires clear evidence of negligence and a causal connection between the negligence and the damage caused. On this page, we will review the litigation process step by step, the legal requirements, important timelines, and your rights as a claimant.

Our firm, Mandelbaum, Gor, Witzman-Gor and Partners, Law Offices in Ramat Gan, specializes in representing claimants in medical malpractice claims since 2008. We understand the pain and anxiety that accompany these cases, and we are here to represent you at every step of the way.

Steps for Filing a Medical Malpractice Claim

1. Initial Legal Consultation and Claim Formulation

The first step is to consult with an experienced attorney in medical malpractice claims. In this meeting, you will be able to explain the circumstances of your case — what treatment you received, what went wrong, and what damage you suffered. The attorney will assess the strength of your claim, identify potential defendants (physician, hospital, clinic, etc.) and advise you on the next steps.

At this stage, it is important to gather all relevant documents: medical files, medical records, X-rays, examination reports, medical expenses, and documentation of the damage sustained (treatment costs, lost income, suffering and pain).

2. Independent Medical Evaluation (Expert Opinion)

Before filing an official claim, an independent medical expert opinion is required to confirm that medical malpractice indeed occurred. Usually, the opinion of a physician with qualifications similar to the physician who treated you is requested, so he can assess whether the treatment you received met the standard of reasonable and careful treatment.

The expert opinion must be in writing and contain detailed reasoning: what was the required standard, what was the treatment provided, and how do they differ. This is one of the most important pieces of evidence in such a claim.

3. Sending a Demand Letter or Filing an Official Claim

Sometimes, before filing a claim with the court, a formal demand letter is sent to the defendant (the physician or hospital) with a compensation demand. This letter details the damage, the amount requested, and provides time to respond (usually 30 days). This letter sometimes leads to an out-of-court settlement, which saves time and money.

If no settlement is reached, or if you choose to file a claim directly, a statement of claim is submitted to the competent court (usually the district court in the area where the medical treatment occurred or where the claimant resides). The statement of claim must contain a detailed description of the circumstances, claims, evidence, and the medical expert opinion.

4. Litigation Process in Court

Following the submission of the statement of claim, the defendant will file a response and counterclaims. Both parties will exchange evidence and documents (a process called "discovery of evidence"). At this stage, preliminary hearings may take place in court, in which procedural and substantive matters will be discussed.

Often, during preliminary hearings or at a later stage, negotiations take place between the parties with the possibility of settlement. If no settlement is reached, the case will proceed to a full trial in court, where both parties will present their evidence, witnesses will testify, and arguments will be presented.

5. Judgment and Enforcement

Following the conclusion of the trial, the judge will issue a judgment determining whether the defendant is liable for medical negligence and how much compensation must be paid. If the judgment is in your favor, the defendant (or their insurance company) will be required to pay the compensation. If the judgment is not in your favor, you may appeal to the Supreme Court.

Legal Requirements for Medical Malpractice Claims

To succeed in a medical malpractice claim, you must prove three principal requirements:

1. Existence of a Legal Relationship Between Plaintiff and Defendant

You must prove that there was a legal relationship between you and the defendant — that is, the doctor or hospital was responsible for your care. This is usually easy to prove, as there is medical documentation and invoices.

2. Breach of Legal Obligation (Deviation from Medical Standard)

You must prove that the doctor deviated from the standard of a reasonable physician in similar circumstances. This is the heart of the claim. Such deviation may include diagnostic error, treatment error, surgical error, failure to perform a required examination, or any substantial deviation from accepted procedure. Expert medical opinion is the central evidence for this.

3. Causal Connection Between the Breach and the Damage Caused

You must prove that the deviation from the medical standard caused the damage — that is, if the treatment had been correct, the damage would not have occurred. This can be complex, as strong medical evidence is required to prove the causal connection.

In addition to these three requirements, you must prove the extent of damages: bodily injury (pain, suffering, loss of earning capacity), medical expenses, loss of income, and other financial or non-financial damages.

Important Timelines in Medical Negligence Claims

The Legal Statute of Limitations

In medical negligence claims, there is a time limit for filing a lawsuit. Generally, a claim must be filed within three years from the day the plaintiff discovered (or should have discovered) that they were injured due to medical negligence. If you fail to file a claim within this timeframe, your legal rights may be limited or non-existent.

It is extremely important to consult with an attorney as soon as possible to ensure you do not miss the statutory deadline. If you suspect medical negligence, do not wait — contact our office to discuss your rights.

Court Proceedings Timeline

Medical negligence proceedings typically last for years — sometimes 2–5 years or more, depending on the complexity of the case, the number of hearings, and the court's workload. In the initial phase (filing the claim through the first hearing), 6–12 months may pass. In the discovery phase (exchange of evidence), six months to a year may elapse. And so on.

These timelines are guidelines only, and each case is different. Your attorney will be able to provide you with a more accurate estimate based on the specific circumstances of your case.

What is the Average Time for Judgment Enforcement?

Once a judgment is rendered, there is typically a certain time period (usually 30 days) during which the defendant can appeal. If no appeal is filed, the judgment becomes final and the enforcement process can begin. Typically, the defendant's insurance company pays the compensation within a few weeks of the judgment becoming final.

Types of Damages That Can Be Claimed in Medical Malpractice Lawsuits

In a medical malpractice lawsuit, you can claim compensation for various types of damages:

Physical and Health Damages

• Pain and suffering: Compensation for physical pain you suffered as a result of the negligence, during or after treatment.
• Loss of earning capacity: Compensation for your inability to work or participate in activities you were able to do before the negligence.
• Permanent disability: If the negligence resulted in permanent disability (for example, loss of a sense, partial paralysis), you can claim substantial compensation.
• Diminished quality of life: Compensation for the reduction in your ability to enjoy life in the way you could before the negligence.

Economic Damages

• Medical expenses: Any medical expense incurred as a result of the negligence (additional treatment, medications, doctor visits).
• Loss of income: Income lost due to your inability to work because of the injury.
• Future treatment costs: If you are expected to receive additional medical treatment in the future as a result of the negligence, you can claim compensation for that.

Non-Economic Damages

• Emotional distress: Compensation for anxiety, depression, or other psychological suffering caused by the negligence.
• Damage to family and social life: Compensation for damage to family relationships, social ability, or marital life.

Differences Between Medical Malpractice Lawsuits and Other Negligence Claims

Medical malpractice lawsuits differ from other negligence claims (such as traffic accidents or work accidents) in several important aspects:

Expert Opinion Requirement

In medical malpractice lawsuits, independent expert medical opinion is almost always required to prove negligence. Unlike a traffic accident, where it may be clear what went wrong (for example, driving through a red light), in a medical claim there is a need for professional evaluation by another physician who can testify that the treatment provided was incorrect.

Higher Standard of Proof

In medical malpractice lawsuits, a higher standard of proof is generally required than in general negligence claims. This is because the law recognizes the fact that medical decisions sometimes involve uncertainty, and different medical opinions may be valid.

Longer Timeframes

Medical malpractice lawsuits typically take considerably longer than other negligence claims, because of the need to obtain expert opinions and the medical complexity of the cases.

Unique Types of Damages

In medical malpractice lawsuits, there may be unique types of damages, such as damages resulting from unnecessary treatment, or damages caused as a result of failure to provide required treatment.