Medical Expert Opinion for Medical Malpractice Claim in Ramat Gan

Medical Expert Opinion — The Foundation for a Successful Medical Malpractice Claim

A medical expert opinion in the relevant field is one of the cornerstones of every medical malpractice claim in Israel. When a patient or their relative believes they have been harmed as a result of poor medical treatment, the first question we must answer is: Did a deviation from the accepted medical standard actually occur? And how can we prove this in court?

Mandelbaum, Gor, Witzman-Gor and Partners Law Firm in Ramat Gan has specialized in representing claimants in tort claims, including medical malpractice claims, since 2008. We understand that the path to legal proof of medical malpractice goes through a professional, thorough, and persuasive medical expert opinion. On this page, we will explain what a medical expert opinion is, why it is critical, how to choose a medical expert, and how we assist claimants in this process.

Every medical malpractice case is different, and requires deep investigation and personalized legal counsel. Therefore, we offer an initial consultation at no cost to understand the details of your case, assess the prospects of your claim, and propose a clear action plan.

What is a Medical Expert Opinion in a Legal Context?

A medical expert opinion is a professional document written by a physician who is an expert in the relevant field (for example: a dentist specialist in dentistry, a surgeon specialist in surgery, or an ophthalmologist specialist in ophthalmology). In this document, the expert examines the patient's medical records, the manner of treatment provided, and compares it to the medical standards accepted in Israel and worldwide.

The expert must answer substantive questions: Did the treating physician act in accordance with the accepted medical standard? Was there a significant deviation from the norm? Did the breach cause harm to the patient? And how is the harm caused related to the action or inaction of the physician?

A quality medical expert opinion carries significant legal weight in court. Typically, when an expert in the field testifies that a deviation from the standard occurred, this significantly influences the judge's decision. Conversely, a weak or unconvincing expert opinion may lead to dismissal of the claim.

Why is a Medical Expert Opinion So Important in Tort Claims?

In a medical malpractice claim, the claimant must prove that a deviation from the accepted medical standard occurred and that the deviation caused harm. This is a complex task, because the party to the suit (usually) does not possess deep medical knowledge. This is where the medical expert opinion comes in.

The court relies on expert opinions in the field to determine scientific and technical facts. A thorough and fact-based medical expert opinion can serve as the strongest evidence in a claim. It serves as a "translation tool" between technical medical language and the language of the court.

Additionally, a quality medical expert opinion can influence earlier stages of the claim — for example, at the stage of negotiation with the insurance company or in settlement offers. When an insurance company sees that a claimant has a strong opinion from an accepted expert, it may be more inclined to settle the claim on favorable terms.

Selecting a Medical Expert — A Critical Step in Medical Negligence Claims

Selecting the right medical expert is one of the most important decisions in a medical negligence lawsuit. A respected expert with extensive experience in their field, combined with clear explanatory skills, can make the difference between winning and losing a case.

When we select a medical expert for our client in Ramat Gan or its surroundings, we emphasize several key criteria: First, the expert must be qualified in the specific relevant field (not a general practitioner claiming expertise in every area). Second, it is preferable that they have experience answering legal questions in the past, or at least an understanding of what is required in a legal expert opinion. Third, the expert should have a good reputation in the medical community and in the courts — an expert perceived as credible and impartial.

Additionally, it is important that the expert is willing to invest time in the expert opinion. A quality legal expert opinion is not written in an hour. It requires thorough review of all medical documentation, understanding of the clinical context, and sometimes consultation with other experts or review of current medical literature.

The Process of Preparing a Medical Expert Opinion — Step by Step

When we handle a medical negligence claim in Ramat Gan, we follow a clear structured process:

1. Collection of Complete Medical Documentation: First, we submit a formal request to the hospital, clinic, or private physician to obtain all relevant medical documentation — medical charts, test results, imaging, physician notes, surgical records (if applicable), etc. Without complete documentation, we cannot prepare a reliable legal expert opinion.

2. Initial Case Analysis: We review the documentation and identify critical points — what treatment was provided, what were the medical alternatives, and whether there was a significant deviation from the standard of care.

3. Identifying and Contacting an Appropriate Expert: Based on the analysis, we search for a medical expert with experience precisely in the relevant field. We speak with the expert beforehand to understand if they are interested and capable of handling the expert opinion.

4. Preparation of a Detailed Questionnaire: We prepare a detailed legal questionnaire sent to the expert. The questionnaire contains specific questions relevant to the matter: Did the treatment provided meet the standard? Was there a better alternative? What damage resulted from the substandard treatment?

5. Review of the Draft Expert Opinion: When the expert returns the initial opinion, we review it thoroughly. We verify that it is clear, convincing, and fact-based. Sometimes we request clarifications or updates from the expert.

6. Final Approval and Signature: When the expert opinion is ready and clear, the expert signs it and confirms that it represents their professional opinion.

Each step in this process is important. A mistake or oversight at any stage could weaken the expert opinion or even lead to rejection of the claim.

Types of Medical Malpractice Claims — When is Medical Expert Opinion Required?

Medical malpractice claims can arise in various medical contexts. In each of them, an expert medical opinion is critical to prove the claim:

Negligence in surgery or procedure: For example, when a surgeon performs surgery incorrectly, leaves foreign material in the patient's body, or damages tissue during the procedure. An expert surgeon's opinion in the field can prove that the surgery was performed defectively.

Misdiagnosis or delayed treatment: When a doctor fails to diagnose a disease in time, or diagnoses a disease incorrectly, and this causes harm. An expert physician's opinion in the relevant field can attest that a reasonable doctor should have diagnosed the disease in time.

Poor medication treatment or inappropriate medications: When a doctor prescribes incorrect medication, or chooses medication unsuitable for the patient's condition. An expert in pharmacology or the relevant field can testify to this.

Negligence in dental treatment: For example, when a dentist performs dental treatment defectively, causing damage to the tooth or jawbone. An expert dentist's opinion will be critical.

Negligence in eye care treatment: When an ophthalmologist chooses incorrect treatment, or fails to diagnose an eye disease in time. An expert ophthalmologist's opinion will be able to prove the deviation from the standard.

In each of these cases, an expert medical opinion is the cornerstone of the claim. Without it, it is very difficult to prove in court that negligence occurred.

The Accepted Medical Standard — What Exactly is It?

When a medical expert writes an opinion in a malpractice claim, he must compare the treatment provided to the accepted medical standard. But what exactly does "accepted medical standard" mean?

An accepted medical standard is the level of medical care that a reasonable physician, with average skill in the field, would have provided under similar circumstances. It is not the highest level of care, nor is it the lowest level that is still considered legal. It is a "reasonable" level in the eyes of the medical community in the field.

This standard can vary depending on the circumstances — for example, the level of care expected at a large hospital in Tel Aviv may differ from the level at a small clinic in a small town (although usually the standard is uniform throughout the country). Additionally, this standard is updated over the years, as medical knowledge develops and new treatment methods emerge.

A quality medical opinion should clearly explain what the accepted medical standard was at the time of treatment, and in what way the treatment provided deviated from this standard.

Costs and Timelines in Medical Malpractice Claims

A question we are often asked by clients at the Gan level is: How long does it take to prepare a medical expert opinion? And how much does it cost?

Timelines: The time to prepare a medical expert opinion varies depending on the complexity of the case. In relatively simple cases, the expert may prepare an opinion within a few weeks. In more complex cases, which require thorough review of extensive documentation, consultation with other experts, or review of medical literature, the time may be longer — sometimes several months.

Costs: The costs of preparing a medical expert opinion vary depending on the law firm, the medical expert, and the complexity of the case. Typically, a law office will charge the client for the costs of preparing the opinion (including the fee of the medical expert). However, in many tort claims, law firms work under a "contingency fee" agreement — that is, the client pays costs only if the claim succeeds and compensation is received.

Mandelbaum, Gor, and Witzman-Gor & Co. offers a first consultation meeting at no cost to discuss expected costs and the "payment model" appropriate for your case.

Negotiation with Insurance Companies — The Role of Expert Opinion

Often, medical malpractice claims are settled with the insurance company of the doctor or hospital, rather than through a court hearing. In the negotiation phase, the medical expert opinion is a very powerful negotiating tool.

When an insurance company sees that the claimant has a quality and convincing opinion of an accepted expert, it understands that its chances of losing in court are high. This pushes it to offer a better settlement. Conversely, if the opinion is weak or unconvincing, the insurance company may offer a lower settlement, or even refuse to settle at all.

Therefore, we invest considerable effort in preparing a strong and convincing expert opinion. This is not only good for the claim in court, but also for the negotiation process with the insurance company.

Why choose us to represent you in medical malpractice claims?

Mandelbaum, Gor, Wittgenstein-Gor & Co. is a law firm located in Ramat Gan that specializes in representing plaintiffs in tort claims, including medical malpractice claims, since 2008. Over more than 18 years of experience, we have developed deep expertise in the field of medical malpractice, in claims procedures, and in working with medical experts.

We understand that every claim is unique, and every client deserves personal and dedicated care. Therefore, we work using a method of deep personal consultation — we take the time to understand your case, answer all your questions, and plan a legal strategy that fits your circumstances.

In addition, we work in close cooperation with highly reputable medical experts in various fields. We know who the best experts are in each field, and we know how to work with them to prepare a high-quality and persuasive opinion.

Ultimately, our goal is simple: to provide you with professional, honest and dedicated legal representation, and to guide you at every stage of the lawsuit. We believe that a client who understands his claim and is confident in his representation is a satisfied client.