Medical Malpractice Lawyer Guide

What is Medical Malpractice and How Can a Lawyer Help?

Medical malpractice is a deviation from the standard medical care accepted in Israel that causes harm to a patient. When a doctor, hospital, clinic, or any other medical facility provides treatment that does not meet the professional standard, and this causes injury to your body, health, or quality of life — you may be entitled to file a claim and receive legal compensation.

A lawyer specializing in medical malpractice claims distinguishes between treatment that failed and treatment that did not meet the professional standard. This distinction is critical: not every negative outcome or medical complication constitutes malpractice. An experienced attorney will help you prove that the deviation from the standard existed, that it directly caused your damage, and determine the compensation you are entitled to receive.

Mandelbaum, Gor, Witzman-Gor & Partners has represented claimants exclusively in personal injury claims, including medical malpractice, since 2008. Our experience of over 18 years in this field ensures you receive professional, personal, and dedicated legal representation throughout the entire process.

What Are the Stages of a Medical Malpractice Claim?

A medical malpractice claim goes through several important stages, each requiring meticulous legal and clinical preparation.

1. Initial Assessment and Claim Formulation

At the initial stage, a medical malpractice lawyer will thoroughly examine your case. He will review your complete medical file (hospitalization records, tests, laboratory results, medical imaging), investigate your account of the incident, and understand exactly what happened. Subsequently, he will obtain a legal-medical opinion from an external source (typically a specialist doctor in the relevant field) to determine whether a deviation from the professional standard exists.

2. Notice to Insurance Company or Medical Institution

Generally, the claim begins with a formal notice to the doctor's or hospital's insurance company (or directly to the medical institution if uninsured). This notice includes a description of the case, the damage sustained, and a demand for compensation. This stage typically serves as a starting point for settlement discussions.

3. Negotiation and Settlement Attempts

Following the notice, discussions typically commence between the attorneys. In some cases, the opposing party agrees to offer a compensation amount, and the matter concludes with a settlement agreement. At these stages, an experienced lawyer will know how to conduct negotiations with both finesse and strength to achieve the best compensation for you.

4. Filing a Lawsuit in Court (If No Agreement Reached)

If no settlement is reached, the claim is filed in the district court. At this stage, formal litigation begins: filing of pleadings, determination of issues, summoning witnesses and medical personnel to testify, and preparation for the hearing of evidence.

5. Examination, Testimony, and Judgment

At this stage, the court hears testimony from medical professionals (doctors, experts), factual witnesses, and examines medical evidence. Your lawyer will present your arguments, cross-examine witnesses, and point out the deficiencies in treatment that led to your damage. Finally, the judge decides whether malpractice occurred and, if so, how much compensation you are entitled to receive.

How Much Does Legal Representation Cost in a Medical Negligence Claim?

A common and compelling question: How much does a medical negligence attorney cost? The answer depends on the structure of the agreement between the client and the attorney.

Common Fee Structure: Contingency Fee

In personal injury claims, including medical negligence cases, many law firms (including Mendelboim, Gor, Witzman-Gor and Partners) work on a contingency fee basis. This means you do not pay monthly or hourly fees upfront. Instead, if and when you receive compensation (through settlement or court judgment), the attorney receives a percentage of the compensation as a fee. This ensures that the attorney will do everything possible to obtain the highest compensation for you.

Additional Expenses

In addition to the fee, there are typically additional expenses: medical-legal opinion fees from an external expert (specialist physician), medical examination fees, court filing fees, and more. These expenses are usually divided between the client and the attorney according to a clear agreement.

Clear and Transparent Agreement

Before beginning representation, a reputable attorney will offer you a clear written agreement that specifies exactly the percentage of the fee, the types of expenses, and the terms. You have the right to ask questions and understand exactly how much the claim will cost you.

How Is Compensation Calculated in Medical Negligence Claims?

Calculating compensation in a medical negligence claim is a complex process based on several legal and clinical factors.

Components of Compensation

Compensation in a medical negligence claim typically includes:

• Personal Injury Damages: Physical harm, pain, suffering, impairment of bodily function, temporary or permanent disability. This calculation is based on disability percentages determined by a medical committee.
• Loss of Earning Capacity: Income lost or that will be lost in the future due to the injury. This includes income you had before the injury and income you were expected to earn in the future.
• Medical Expenses: Any medical expense you have already paid or will need to pay in the future as a result of the injury (surgeries, treatments, medications, rehabilitation, etc.).
• Pain and Suffering: Non-pecuniary compensation for the physical and emotional pain you suffered as a result of the negligence.
• Impairment of Social Life: Disruption of normal life, social relationships, leisure activities, etc.
• Impairment of Maintenance: Issues in enjoyment of life, quality of life, and financial security.

Role of Medical Committee

In medical negligence claims, a medical committee is typically convened to determine the disability percentage (from 0% to 100%). This percentage directly affects the calculation of compensation. An experienced attorney will help you file a claim with the committee, argue on your behalf, and appeal if you disagree with the result.

Comparison with Case Law and Precedents

The court uses previous court decisions and examples of similar cases to determine a fair compensation amount. For example, similar damage with the same disability percentage typically receives compensation in a similar range (with adjustments according to economic conditions and personal circumstances).

What Are the Difficulties and Risks in Medical Negligence Claims?

Medical negligence claims are complex and require strong evidence. It is important to understand the difficulties before beginning.

Proof of Deviation from Professional Standard

Unlike other claims, in a medical negligence claim you must prove not only that you suffered damage, but also that the physician or medical institution deviated from the professional standard accepted in Israel. This means you must bring testimony from expert physicians who will confirm that the treatment did not meet the standard of professional care. This requires strong and convincing medical-legal opinion.

Proof of Causal Connection

You must also prove that the deviation from the standard was the direct cause of your damage. Often there are multiple possible causes for the damage, which makes proving the causal connection more difficult. An experienced attorney will know how to conduct this evidence carefully and convincingly.

Opposition from Insurance Companies or Medical Institutions

Insurance companies and medical institutions typically oppose medical negligence claims. They bring their own attorneys and experts to cast doubt on your claims. This may prolong the process and require additional legal preparation.

Long and Protracted Process

Medical negligence claims typically last for years. This can be emotionally and financially draining. A good attorney will help you cope with the stress and give you strength throughout the process.

Uncertainty in Outcome

Even an experienced attorney cannot guarantee a certain outcome. Every case is unique, and the court's decision depends on the judge, the evidence, and the arguments. It is important to be clear with yourself about the risks and probabilities.

Patient Rights in Israel

In Israel, every patient has basic rights in the context of medical treatment. Understanding these rights is essential when considering a claim for medical malpractice.

Right to Treatment According to Professional Standards

Every patient has the right to medical treatment that meets the accepted professional standard in Israel. This means that the doctor or medical institution must provide treatment at the normal standard accepted among doctors in a similar field.

Right to Full Information and Informed Consent

Before any treatment, the doctor must explain the treatment, the risks, the alternatives, and obtain your informed consent. If the doctor fails to do so, this may constitute grounds for a claim.

Right to Medical Records

You are entitled to receive a copy of your entire medical file from the medical institution. This is essential for a claim, as the medical file is the primary evidence of what occurred.

Right to Challenge Medical Decisions

If you disagree with a medical decision or with the result of an examination, you can request a second opinion from another doctor.

Right to Compensation for Negligence

If it is proven that the doctor or medical institution caused you harm due to a deviation from the professional standard, you are entitled to monetary compensation for the damage caused to you.