Medical Malpractice Claim in Petach Tikva

What is Medical Malpractice?

Medical malpractice is a deviation from the accepted medical standard that occurs when a healthcare professional — a physician, nurse, technician, or medical institution — provides treatment that does not meet the standard accepted in Israel and worldwide. This deviation causes damage to the patient's health, including bodily injury, suffering, loss of earning capacity, or even death.

A medical malpractice claim is a civil lawsuit, as its purpose is to restore the injured party to their pre-injury position or at least to compensate them for the losses incurred. It is one of the most complex types of claims in the Israeli legal system and involves thorough examination of medical facts, comparison to international standards, and proof of the connection between the wrongful conduct and the resulting harm.

Mandelboim, Gor, Witzman-Gor & Co. Law Firm in Petah Tikva represents claimants in tort cases only, including victims of medical malpractice. The firm's principal, Attorney Karen Mandelboim, established the firm in 2008 and has accumulated extensive experience handling complex bodily injury claims. We provide in-depth legal advice and personalized attention to each client.

What Are the Common Types of Medical Malpractice?

Medical malpractice can occur in almost any area of medical practice. The most common types are:

• Dental Malpractice: Improper tooth treatment, incorrect implant placement, incorrect tooth extraction, or complications that were not properly managed.
• Surgical Malpractice: Injury to adjacent organs, leaving foreign material in the body cavity, incorrect technique, or failure to perform a necessary surgery.
• Internal Medicine Malpractice: Misdiagnosis, failure to perform necessary tests, administration of incorrect medication or improper dosage, or failure to monitor the patient's condition.
• Emergency Care Malpractice: Delayed treatment, failure to recognize the severity of the condition, or inappropriate care in the emergency room.
• Anesthesia Malpractice: Insufficient monitoring, incorrect dosage of anesthetic drugs, or negligence in airway management.
• Physical Therapy and Rehabilitation Malpractice: Incorrect technique, overload on the body, or failure to consider contraindications.
• Mental Health Care Malpractice: Misdiagnosis, improper medication administration, or failure to monitor for self-harm risk.

How is Medical Malpractice Proven?

Proving medical malpractice requires three legal elements:

1. Existence of a Legal Duty: The physician or medical institution had a legal duty to provide treatment meeting the accepted standard. Generally, this is always satisfied when a physician-patient relationship exists.
2. Breach of the Standard: It must be proven that the physician's conduct deviated from the standard accepted in Israel and worldwide. This requires expert testimony — typically from experienced physicians in the relevant field — who will testify that the treatment provided was incorrect or unprofessional.
3. Causation: It must be proven that the breach of the standard is the direct cause of the damage suffered. This can be complicated, especially when the patient suffered from other illnesses or when there are multiple possible causes for the harm.

In medical malpractice claims, Israeli courts require a high standard of proof — reasonable doubt is insufficient. Quality expert testimony is the key to successful litigation.

What Damages Are Compensated in Medical Negligence Claims?

When a claim is proven, the injured party is entitled to compensation for various types of damages. Israeli courts recognize the following categories of damages:

Bodily Injury and Health Damages

This is the primary damage in medical negligence claims. It includes physical injury to the patient's body, such as fractures, wounds, medical complications, or deterioration of an existing health condition. This compensation is calculated according to the severity of the injury, the type of disability (permanent or temporary), and the degree of disability as determined by a medical committee.

Pain and Suffering

The injured party is entitled to compensation for the physical and emotional pain suffered, including suffering during recovery, anxiety due to the injury, and diminished quality of life. Courts use tables established by the judicial system to determine a reasonable amount for this damage.

Loss of Earning Capacity

If the injury has caused the injured party to lose the ability to work, whether temporarily or permanently, they are entitled to compensation for lost income. This is calculated based on the injured party's average income before the injury, the duration of absence from work, and the strength of the connection between the injury and the loss of income.

Current and Future Medical Expenses

The injured party is entitled to full reimbursement of all medical expenses incurred as a result of the injury, including examinations, medications, surgeries, physiotherapy, and additional treatments. Furthermore, if future medical expenses are anticipated (for example, repeat treatments or additional surgeries), the court may estimate an amount for these.

Legal Costs

Generally, the injured party is entitled to reimbursement of legal expenses, including attorney's fees, cost of expert testimony, and court fees. In some cases, the court may impose these costs on the opposing party.

Damage to Reputation and Injury to Honor

In certain cases, when the medical negligence was gross or involved extremely unprofessional conduct, the court may award additional compensation for injury to the reputation or honor of the injured party.

Additional Treatment Expenses

If the injured party was forced to undergo additional treatment to correct the damage caused by medical negligence, they are entitled to compensation for all such expenses, including treatment abroad if it was necessary.

The Claim Process in Petach Tikva and the Central Region

A medical negligence claim goes through defined legal stages. Generally, the process is:

1. Initial Legal Consultation: The injured party or their family contacts an attorney. At this stage, the attorney reviews the details, collects medical documents, and assesses the chances of success of the claim. Mandelbaum, Gor, Yitzhak-Gor and Partners in Petach Tikva provides an initial consultation at no cost, so you can decide whether to proceed with the claim.
2. Collection of Medical Evidence: The attorney requests all medical records of the injured party from the medical facility or physician. This includes treatment, examinations, results, medical notes, and any relevant document.
3. Obtaining Expert Opinions: The attorney contacts specialist physicians in the relevant field (or several physicians) and requests a legal-medical opinion on whether the treatment was improper. This is one of the significant expenses in such a claim.
4. Sending a Demand for Compensation: If the evidence is strong, the attorney sends a formal demand to the insurance of the facility or physician (or directly to the facility), detailing the damages and the compensation sought. In many cases, communications with the insurance company begin here.
5. Negotiation: Often, the insurance company offers a compensation amount. The attorney negotiates with the other party to achieve the fairest compensation. In some cases, the parties reach a settlement at this stage.
6. Filing a Lawsuit in Court: If no settlement is reached, the attorney files a formal lawsuit in the district court in Petach Tikva or in the relevant jurisdiction. At this stage, the claim enters the formal legal process.
7. Legal Proceedings: The court will set dates for hearings, hearing of evidence, and presentation of witnesses. The injured party or their representative may be required to testify before the court. The process may last months or years, depending on the complexity of the case.
8. Judgment: At the end of the process, the court will issue a judgment determining whether there was negligence and, if so, what compensation the injured party is entitled to. The dissatisfied party may appeal to the Supreme Court.

Comparative Table: Typical Damages in Medical Malpractice Claims

Below is a table presenting common types of damages and typical compensation ranges (in accordance with Israeli case law). Please note that each case is unique, and actual compensation depends on the specific details of the case:

Important Note: The above table is for illustrative purposes only. Each case is unique, and actual compensation depends on specific circumstances, severity of damage, the victim's income, age, recovery prospects, and the court's position. We recommend consulting with a specialized attorney to receive an accurate assessment of the expected compensation in your case.

How long does a medical malpractice claim take?

The duration of a claim depends on the complexity of the case, the parties' willingness to reach a settlement, and the court's workload. Generally:

• Negotiations only: If the parties reach a settlement quickly, the process can be completed within 3–6 months.
• Simple litigation: Relatively straightforward cases may last 1–2 years.
• Complex litigation: Complex cases, with extensive evidence and numerous hearings, may last 3–5 years or longer.

During legal proceedings, there are typically negotiation phases, including pre-trial proceedings and mediation. Many cases are resolved through settlement before final judgment.

What is the statute of limitations for a medical malpractice claim?

In Israel, there is a statute of limitations for tort claims, including medical malpractice. Generally, the injured party must file a claim within three years from the date of injury or from the date the injured party discovered or should have discovered the injury. In some cases, when the injury is discovered later (for example, due to a complication that appeared years after treatment), the statute of limitations may begin from the date of discovery.

It is crucial to adhere to this limitation, as after three years, a claim generally cannot be filed. If you suspect you have suffered injury due to medical malpractice, it is advisable to consult with an attorney as soon as possible.

What are the chances of success in a medical malpractice claim?

The chances of success in a medical malpractice claim depend on many factors:

• Quality of medical evidence: If there are clear documents showing deviation from the standard of care, the chances are higher.
• Expert opinions: If experts in the field testify that the treatment was improper, this significantly strengthens the claim.
• Clear causal connection: If it is clear that the medical malpractice directly caused the injury, the chances are higher.
• Severity of injury: More serious injuries are easier to prove, as the impact is clearer.
• Court's position: Israeli courts require high standards of proof in medical malpractice claims, so the chances also depend on the court's interpretation.

We recommend consulting with a specialized attorney who can assess the likelihood of success of your claim based on the specific details of your case.

Why Choose Mandelbaum, Gor, Witzman-Gor & Co. Law Firm in Petach Tikva?

Mandelbaum, Gor, Witzman-Gor & Co. is a boutique family law firm specializing in tort law, including medical malpractice claims. Here's what sets us apart:

• Deep Experience: The firm was founded in 2008 by Attorney Karen Mandelbaum, who has accumulated over 18 years of experience in representing plaintiffs in complex tort cases. We understand Israel's legal system, insurance procedures, and the tactics of insurance companies.
• Plaintiff Representation Only: Unlike other firms, we represent only plaintiffs—not medical institutions, not insurance companies, not physicians. This means we are 100% dedicated to protecting your rights.
• Personal and Committed Service: Because we are a small boutique firm, we provide personalized attention to every client. You will not be just a case number—you will be a person with a story that we handle with the utmost care.
• Free Initial Consultation: We provide free legal consultation at your first meeting, so you can decide whether to proceed with your claim. No commitment, no pressure—just honest advice.
• Two Locations: We have an office in Petach Tikva (8 Yoni Netanyahu Street) and an office in Ramat Hasharon (12 Aryeh Ben Eliezer Street). We are close to our community and understand local needs.
• Proven Results: Over the years, we have protected the rights of hundreds of plaintiffs and secured substantial compensation for them. Every case is unique, but our experience demonstrates that we know how to successfully navigate the system.

If you are suffering from medical malpractice in Petach Tikva or the surrounding area, we are here to help you. Contact Mandelbaum, Gor, Witzman-Gor & Co. Law Firm today and receive your first legal consultation free of charge.