Medical Negligence Claim Following a Fall in a Hospital

What is Medical Negligence Resulting from a Fall in a Hospital?

Medical negligence in the context of a fall in a hospital refers to any situation in which a medical team or healthcare facility failed to take reasonable measures to prevent a patient from falling, or acted in a manner that led to a fall. Ramat Gan Hospital, like any medical institution in Israel, is required to maintain high safety standards, particularly regarding patients at high risk of falling — the elderly, patients on medications that affect balance, or patients who have recently undergone surgery.

When a hospital fails to provide adequate supervision, does not transfer the patient safely, does not install bed rails, or fails to warn the patient of known dangers — it may be liable for damages resulting from the fall. This may include fractures, head injuries, spinal cord damage, spinal column injuries, loss of earning capacity, chronic pain, and substantial medical expenses.

What Are Your Rights in a Medical Negligence Claim?

As a victim of a fall in a hospital, you are entitled to file a civil lawsuit against the hospital, its insurance company, or both. The claim may include compensation for:

• Direct bodily injury damages: Pain and suffering, loss of functional capacity, temporary and permanent loss of earning capacity.
• Medical expenses: Treatment, examinations, medications, rehabilitation, physiotherapy treatment, additional surgeries if required.
• Financial losses: Lost income due to inability to work, treatment expenses not covered by national insurance or health insurance.
• Psychological suffering: Trauma, fear, depression, or sleep disorders resulting from the accident.

Israeli courts typically require the responsible party to pay comprehensive compensation based on medical reports, testimony, and Israeli tort law. Mandelboim, Gor, Yitzhak-Gor and Partners law firm represents claimants exclusively in this field — we work to achieve the maximum compensation you are entitled to.

How is Negligence Proven in a Hospital Fall?

To prove medical negligence following a fall, you must demonstrate three key points:

1. Existence of Legal Duty: A hospital is required to maintain patient safety. This is a clear legal and contractual obligation.
2. Breach of Duty: The hospital staff did not act in accordance with the accepted medical standard. For example: they did not assess fall risk, did not instruct the patient how to get up safely, did not install bed rails, did not supervise properly, or left the patient unattended in a condition requiring supervision.
3. Causation and Damages: The breach of duty directly caused the fall and your injuries. If you fell due to your natural medical condition (for example, sudden cardiac arrest), it is more difficult to prove negligence.

Essential evidence in such a claim includes: medical records from the hospital, witness testimony (nurses, physicians, other patients), photographs of the fall scene, the hospital's incident report, expert medical opinion from an independent specialist, and any document demonstrating the standard that should have been applied.

Our firm has over 18 years of experience representing plaintiffs in medical negligence claims. We know how to gather evidence, engage medical experts, and present a strong claim to the court or in settlement negotiations with the hospital's insurance company.

Tort Claim Process — Step by Step

When you contact the Mandelboim, Gor, and Witzman-Gor law firm following a fall at a hospital in Ramat Gan, we guide you through a structured and clear process:

Step 1: Initial Consultation — In your first meeting (at no cost), we listen to your story, review the initial medical documentation, and assess the strength of your claim. We explain your rights and the available legal options.

Step 2: Evidence Collection — We obtain complete medical records from the hospital, the accident report, the other party's insurance information, witness statements, and photographs or video footage of the scene of the fall if available. This process may take weeks to months.

Step 3: Medical Evaluation — We retain an independent medical expert to examine you, review your medical records, and provide a written opinion on the medical standard of care that should have been applied and how the hospital breached it.

Step 4: Damages Calculation — We calculate the precise amount of all your damages: medical expenses (past and future), lost income, pain and suffering, and other economic losses. We use legal precedent tables and judicial precedents to ensure our claim is well-founded and supported by law.

Step 5: Settlement Negotiation or Litigation — We send a demand letter to the hospital and its insurer. Typically, the other party will be interested in discussing a settlement. We negotiate on your behalf to achieve fair compensation without the need for extended litigation. If no settlement is reached, we file a formal lawsuit in court.

Stage 6: Legal Proceedings (if required) — If the claim reaches court, we represent you at every stage: filing pleadings, meeting deadlines, producing evidence, presenting witnesses, and presenting arguments before the judge. We work to achieve a favorable judgment in your favor.

Stage 7: Collection of Compensation — Following a settlement or judgment, we handle collection of funds from the hospital's insurance or from the hospital itself.

Typical Compensation Ranges for Hospital Falls

The amount of compensation in a medical malpractice claim depends on the severity of injuries, the patient's age, their health status prior to the fall, and the degree of liability of the hospital. Below is a table showing typical ranges in similar claims in Israel:

Important Note: These ranges are estimates only, based on legal precedents and compensation standards in Israel. Each case is examined individually according to its specific facts. Actual compensation may be higher or lower depending on evidence, the court's position, and settlements between parties.