Medical Expert Opinion for Medical Negligence Claim in Petach Tikva

What is a Medical Expert Opinion and Why is it Critical in a Negligence Claim

A medical expert opinion from an independent specialist is one of the most critical components in any medical malpractice claim in Israel. It is essential legal evidence proving that the physician or medical treatment deviated from the accepted medical standard, and that this deviation caused actual harm to the injured party. Without a high-quality and reliable medical expert opinion, it is difficult to advance a claim to trial or reach a fair settlement with the insurance company.

In medical malpractice claims in Petach Tikva and the central region, we work with thoroughly vetted medical experts who have extensive experience in providing expert opinions in claims. The medical expert must be qualified, have no connections to the hospital or treating physician, and must be prepared to testify in court if required.

Through our years of experience in representing plaintiffs in tort law, we have learned that a weak or ambiguous medical expert opinion can jeopardize the entire claim. Conversely, a clear, detailed opinion based on strong medical evidence can be the decisive factor in achieving substantial compensation.

The Role of the Medical Expert in a Medical Malpractice Claim

The medical expert conducts an in-depth analysis of the injured party's medical file, including hospital records, imaging studies, laboratory tests, and all relevant medical documents. He compares the treatment provided to accepted medical standards in Israel and worldwide, and assesses whether the treatment was reasonable and professional under the circumstances of the case.

His expert opinion is intended to answer profound legal questions:

• Did the physician or hospital breach the basic medical obligation?
• Did this deviation from the medical standard prove to be a significant deviation?
• Is there a direct causal relationship between the deviation and the harm caused to the injured party?
• What is the scope of the medical and functional damage caused as a result of the negligence?

In claims in Petach Tikva, we handle obtaining medical expert opinions in all fields of medicine: surgery, radiology, pediatrics, dentistry, psychiatry, physiotherapy, and more. Each field requires an expert with specific certification and experience in the subject matter.

Steps in the Process of Obtaining a Medical Expert Opinion for a Claim

The process of obtaining a quality medical expert opinion requires planning, time, and precision. Here are the main steps:

1. Complete Collection of All Medical Records

The first step is to obtain a complete copy of all medical records of the injured party from the hospital, private clinic, medical office, or any medical provider who treated the injured party. This includes: physician notes, test results, imaging, surgical reports, medications administered, and all relevant clinical information. Without these documents, it is impossible to issue a meaningful expert opinion.

2. Formulation of Questions for the Expert Opinion

As attorneys in Petach Tikva, we formulate a clear set of legal-medical questions that are sent to the expert. The questions should be focused, non-leading, and not influence the expert. For example: "Given the circumstances of the treatment on date X, did the treatment provided meet the standard of medical care accepted in Israel?" or "Is there a causal relationship between the deviation from the standard and the damage caused?"

3. Selection of the Appropriate Medical Expert

The selection of the expert is critical. The expert must be: (a) formally certified in the relevant field; (b) possess significant clinical or academic experience; (c) have no personal or professional relationships with the defendant physician or hospital; (d) be willing to testify in court. In Petach Tikva and the central region, we have a network of trusted experts in various fields.

4. Issuance of the Expert Opinion

The expert examines all records, conducts an in-depth analysis, and issues a written expert opinion. The expert opinion should be detailed, reasoned, based on medical evidence, and not on assumptions. A good expert opinion will include: a case description, a description of the relevant standard of medical care, a comparison between the actual treatment and the standard, clear conclusions, and reservations if any.

5. Use of the Expert Opinion in the Claim

After receiving the expert opinion, we use it to send a compensation demand to the defendant's insurance company or hospital. A strong expert opinion significantly improves our bargaining power. If a settlement is not reached, we use the expert opinion in filing the claim with the court and in the expert's testimony during examination.

Types of Medical Malpractice Requiring Medical Expert Opinion

Medical malpractice can occur in any medical field. Here are common examples requiring medical expert opinion:

In any of the above cases, expert medical opinion is the foundation for a successful claim. In Petach Tikva and the Central District, we know how to find the right expert for every type of malpractice.

Cost of Obtaining a Medical Expert Opinion – What You Need to Know

A common question from medical negligence victims in Petach Tikva is: how much does a medical expert opinion cost? The answer depends on several factors:

Factors Affecting the Cost of Expert Opinion

• Medical Specialty: An expert opinion from a surgeon or oncologist may be more expensive than one from a general practitioner.
• Case Complexity: If there are extensive medical records, multiple tests, and imaging studies, the expert will require more time and the cost will increase.
• Expert Availability: A highly experienced expert with high demand may charge higher fees.
• Form of Delivery: A written expert opinion alone, as opposed to an opinion with court testimony.

Generally, medical expert opinion costs in Israel range from several thousand to tens of thousands of shekels, depending on the factors listed above. Additionally, it is important to know that in medical negligence claims, a demand can be made on the defendant (hospital, insurance company) to bear the cost of the expert opinion as part of the final compensation.

How We in Petach Tikva Handle Costs

As a boutique law firm specializing in plaintiff representation in tort law since 2008, we maintain close relationships with reliable medical experts who are familiar with market costs. We evaluate the viability of the claim and help the injured party decide whether investing in a medical expert opinion is worthwhile. In some cases, even without an explicit expert opinion, a claim can be settled based on existing evidence; in others, an expert opinion is essential.