Medical Malpractice Attorney - Childbirth in Ramat Gan

Medical Malpractice in Childbirth – What It Is and How We Can Help

Medical malpractice in childbirth is a deviation from the professional standard of care expected of a physician or medical team during pregnancy, delivery, or postpartum treatment, which resulted in harm to the health of the mother, infant, or both. Such injuries may manifest in various forms of damage: brain injuries, cerebral palsy, fractures, internal bleeding, infection, or even loss of life.

As specialized tort attorneys representing plaintiffs exclusively, we at Mandelboimy, Gor, Witzman-Gor & Partners understand the emotional and financial difficulties facing families who have suffered from medical malpractice during childbirth. Our 18 years of experience representing victims of medical errors enables us to understand the complexities of such claims and fight for your rights.

Types of Medical Malpractice in Childbirth

Medical malpractice in childbirth can occur at different stages of the labor process:

• Negligence during pregnancy: Failure to diagnose medical conditions, failure to perform required tests, inadequate monitoring of fetal development, or improper treatment of gestational diabetes and high blood pressure.
• Negligence during delivery itself: Improper use of instruments such as forceps or vacuum extraction, delay in performing an urgent cesarean section, failure to properly monitor the fetal heart rate, or failure to prepare for anticipated complications.
• Negligence after delivery: Failure to identify infections, inadequate treatment of bleeding, or failure to treat blood clotting disorders in the infant.

Who Can File a Claim for Medical Malpractice in Childbirth?

Medical malpractice claims in childbirth may be filed by:

• The mother, if she suffered physical or psychological harm;
• The infant or child, through a parent or guardian, if harm was caused to them;
• Other family members, under certain circumstances, if they suffered indirect harm.

It is important to know that such claims have limited filing deadlines. Generally, a claim must be filed within 7 years from the date the negligence occurred, but in some cases (such as when the injury was discovered later) there may be exceptions. Therefore, it is important to contact an attorney as soon as possible if you suspect medical malpractice.

Medical Negligence Claim Process in Childbirth

A claim for medical negligence in childbirth is a complex process that requires a deep understanding of both tort law and medical knowledge. At Mendelboim, Gor, Witzman-Gor and Co., we manage your claim through clear and well-planned stages:

First Stage: Initial Consultation and Claim Development

In our first meeting, which is at no cost to you, we listen to your story in detail. We ask precise questions to understand the course of labor, the medical decisions that were made, and the damages that occurred. At this stage, we also explain your rights and the expected process.

Second Stage: Collection of Medical Evidence

To establish a strong claim, we need to obtain all relevant medical documentation: pregnancy records, delivery charts, fetal monitoring, medical staff notes, ultrasound images, and any other medical documents related to the case. Typically, we submit a request to the hospital or clinic at no cost to you.

Third Stage: Consultation with Medical Expert

To prove negligence, we need expert medical opinion. We consult with specialist physicians in gynecology, neurology, or other relevant fields to review the documentation and confirm whether negligence indeed occurred. The expert prepares a report detailing the deviation from the standard of care and its connection to the damage caused.

Fourth Stage: Filing a Claim or Negotiation

If the evidence is strong, we can file a claim in court. Often, before filing the claim, we use the expert report to attempt negotiations with the insurer or the healthcare institution. Negotiation can lead to a settlement, which saves time, money, and emotional distress.

Fifth Stage: Litigation (If Required)

If no settlement is reached, we file a claim in court. At this stage, we represent you before the judge, present evidence, examine witnesses, and argue legal issues. This process can last several years, but we will stand by you every step of the way.

Sixth Stage: Determination of Compensation

If the court decides in your favor, it determines the amount of compensation based on the severity of the damage, medical expenses, loss of income, emotional suffering, and other factors. In tort law, compensation may include compensation for bodily injury (past and future), non-pecuniary damages (pain and suffering), and in some cases, additional compensation.

Types of Damages in Medical Malpractice Claims Related to Birth

When dealing with a claim for medical malpractice related to birth, it is important to understand that damages can be diverse and severe. Under Israeli tort law, we categorize damages into several categories:

Direct Bodily Injuries

These are the physical injuries caused to the infant or mother as a result of negligence. Examples include:

• Cerebral Palsy – often caused by oxygen deprivation during delivery;
• Brain injuries with long-term consequences;
• Fractures of the infant's bones;
• Hemorrhage or infections in the infant;
• Internal bleeding or respiratory complications in the mother;
• Nerve or muscle damage.

Medical Expenses

A claim may include compensation for medical expenses already incurred as well as anticipated future medical expenses. This includes:

• Hospital treatment;
• Surgeries and medical treatments;
• Casting and physical therapy treatment;
• Medications and medical equipment;
• Psychological or psychiatric treatment;
• Special educational treatment or developmental therapy.

Loss of Earning Capacity

If the negligence caused the infant (when of working age) or the mother to lose earning capacity, the compensation may include compensation for lost income or future income loss. This includes:

• Past loss of income (from the date of birth to the present);
• Anticipated future loss of income (based on life expectancy and earning ability);
• Ongoing future treatment expenses.

Non-Economic Damages (Pain and Suffering)

In addition to economic damages, under Israeli tort law we can claim compensation for pain and suffering. This includes:

• Physical pain suffered by the infant or mother;
• Psychological suffering and trauma;
• Loss of quality of life;
• Damage to dignity and reputation.

Indirect Damages (to Family)

In certain circumstances, other family members (such as a sibling) may be entitled to compensation if they suffered indirect damages as a result of the negligence, such as expenses for caring for the injured infant or loss of income of a parent who was forced to care for the infant.

Additional Compensation (Punitive Damages)

In cases of gross negligence, the court may impose additional compensation on the hospital or physician to punish irresponsible conduct and deter similar behavior in the future.

Why Choose a Medical Malpractice Attorney Specializing in Birth Negligence Claims?

Medical malpractice claims related to birth are among the most complex tort cases. They require a deep understanding of both law and medicine, as well as collaboration with medical experts. Not every attorney with experience in medical malpractice claims has expertise in birth-related negligence, and this can significantly impact the outcome of your case.

Over 18 Years of Experience

Mandelbaum, Gor, Witzman-Gor and Associates was founded in 2008 by Attorney Karen Mandelbaum, and since then we have represented victims of medical accidents. This experience has enabled us to understand the nuances of birth-related medical malpractice claims, anticipate expected challenges, and develop an effective legal strategy.

Representation of Plaintiffs Only

We represent plaintiffs exclusively in tort cases. This means we do not represent hospitals, physicians, or insurers. This ensures that your interests are our highest priority, and we face no conflicts of interest.

Relationships with Medical Experts

Over the years, we have built strong relationships with medical experts in various fields. This enables us to engage the best experts to support your claim.

Personal and Dedicated Approach

We understand that a birth-related medical malpractice claim is inherently emotionally overwhelming. We handle each case with empathy and respect, and we update you regularly so you know what is happening with your case.

Free Initial Consultation

We offer a free initial consultation. This means you can use it to determine whether you have a strong case and whether you want to continue with us.

Legal Consultation on Medical Malpractice Claims in Birth Cases in Ramat Gan

If you live in Ramat Gan or the surrounding area and suspect medical malpractice in childbirth, we are here to help. Mandelbaum, Gor, Witzman-Gor & Co. is located in Ramat Gan and is available for an initial consultation meeting at no cost.

During this meeting, we will listen to your story in detail, ask thoughtful questions to understand the course of delivery and the damages incurred, and explain your legal rights. We will also be able to assess whether you have a strong case and how we can help you obtain the compensation you are entitled to.

We understand that such a claim is both emotionally and financially overwhelming. Therefore, we work with determination and diligence to achieve the best possible outcome as quickly as possible. If you are ready to discuss your case, we invite you to contact us today.