Medical Malpractice Lawsuit for Improper Treatment in Ramat Gan

What is Medical Malpractice and Improper Treatment?

Medical malpractice is a deviation from the professional standard established in Israeli tort law. When a doctor or medical institution provides improper treatment — whether through failure to perform a required action, performing an action that should not have been performed, or providing treatment in an unprofessional manner — damage may be caused to the patient. This damage may be physical (pain, suffering, loss of earning capacity), psychological (depression, anxiety) or financial (additional medical expenses, loss of income).

Under Israeli tort law, any person who has been harmed by improper treatment is entitled to file a claim against the doctor or medical institution, provided they can prove a causal link between the improper treatment and the damage sustained. This is one of the most complex types of tort claims, as it requires deep medical evidence, testimony from medical experts, and careful legal analysis of professional standards.

Why is it Important to Contact a Lawyer Specializing in Medical Malpractice in Ramat Gan?

A claim for medical malpractice requires a deep understanding of two fields: law and medicine. Mandelboum, Gor, Witzman-Gor and Partners Law Firm has specialized in representing plaintiffs in tort claims since 2008, including complex cases of medical malpractice. We know how to build a strong case, obtain medical evidence, compare against international standards, and present the damages before the courts.

In working with our clients, we handle every detail: from collecting a list of treatments, through obtaining opinions from independent medical experts, to filing a claim and negotiating a settlement. Throughout the case, we protect the rights of the injured party and deal with insurance companies, hospitals, and national insurance.

What Damages are Considered in a Medical Malpractice Claim?

• Physical damages: Pain, suffering, temporary or permanent loss of earning capacity, need for additional medical treatment, disability or limitations.
• Financial damages: Medical expenses incurred as a result of the improper treatment, loss of income during absence from work, future treatment expenses.
• Psychological damages: Depression, anxiety, loss of quality of life, harm to family and social life.
• Loss of enjoyment: Diminished ability to enjoy life as usual, limitations on daily activities.

Steps in a Medical Malpractice Claim

A medical malpractice claim typically goes through several stages, each of which requires careful legal and tactical planning:

1. Initial legal consultation: At the first meeting, we listen to the injured party's story, review medical records, and assess the strength of the case. At this stage, we explain the prospects, expected expenses, and the general procedure.
2. Collection of medical records: We obtain all medical records, tests, imaging, laboratory results, and any relevant documents from the medical institution or other doctors who treated the injured party.
3. Obtaining medical expert opinions: We refer the case to independent doctors who are experts in the relevant field (surgery, internal medicine, orthopedics, etc.). The experts review the records and provide a written opinion on whether the treatment meets professional standards.

What is the Professional Standard in Medical Treatment?

To prove medical negligence, it must be shown that the physician or medical institution deviated from the professional standard established in Israeli tort law. This standard is not perfection — the doctor is not required to succeed in treatment, but rather to use their knowledge and skills in a reasonable and careful manner, as a reasonable physician would have done under similar circumstances.

In Israeli case law, the professional standard is determined by the testimony of independent medical experts. Experts examine the procedures used by the physician, the medical knowledge available at the time of treatment, and the standards accepted by the medical community. If a medical expert states that the treatment was improper, this constitutes strong evidence that the standard was not maintained.

Additionally, causation must be proven between the improper treatment and the damage. That is, if the improper treatment had not occurred, the damage would not have resulted. This is medical evidence that is distinct from proving the standard itself, and it also requires a medical expert.

Examples of Improper Treatment

• Misdiagnosis: A physician failed to diagnose a disease that should have been identified through standard testing, and as a result, the patient did not receive timely treatment.
• Surgical Error: A physician performed surgery on an organ or area that should not have been operated on, or performed the surgery using an improper technique that caused additional damage.
• Wrong Medication or Dosage: A physician prescribed a medication that was contraindicated or had serious side effects, or administered an incorrect dose that caused severe adverse effects.
• Failure to Monitor: A physician did not monitor the patient's condition during treatment and failed to identify warning signs of complications.
• Failure to Obtain Informed Consent: A physician did not explain the risks of treatment to the patient, and the patient was unable to give informed consent.

Damages and Compensation Ranges in Medical Negligence Claims

The amount of compensation in a medical negligence claim depends on the severity of the damage, the age of the injured party, their work capacity, the expected cost of treatment, and other factors. There is no fixed or guaranteed amount — each case is examined individually. Typically, compensation in such claims can reach tens of thousands of shekels, and in cases of severe damage (such as a surgical error that resulted in paralysis) — hundreds of thousands of shekels or more.

In addition to compensation for the damage itself, the injured party may be entitled to payment of legal fees, attorney's fees, and medical expert fees. In many claims, law firms work under a contingency fee arrangement — that is, the fee is paid only if the claim succeeds or is settled by agreement.

What Happens When the Injured Party Receives Compensation?

When the injured party receives compensation in a claim, they must be aware of their obligations to National Insurance. National Insurance may be entitled to recovery of part of the compensation if it covered medical expenses or allowances to the injured party during treatment. Our office negotiates with National Insurance to reduce the repayment and leave the injured party with as much of the compensation as possible.

Differences Between Medical Malpractice Claims and Other Tort Claims

A medical malpractice claim differs from other tort claims (such as traffic accidents or workplace accidents) in several important ways:

Why Mandelboim, Gor, and Witzman-Gor & Co. is the Right Choice in Ramat Gan?

Our firm specializes in representing claimants in tort cases since 2008. We know how to build a strong case in medical malpractice claims, we have networks with independent medical experts, and extensive experience advancing cases in Israeli courts. We believe that every injured person is entitled to quality legal representation and free initial consultation.

Working with our clients, we dedicate significant time to understanding the case, gathering all necessary information, and presenting a strong case. We protect the claimant's rights throughout the process, from the first meeting until case closure.

First Steps: How to Get Started?

If you believe you have suffered from medical malpractice, the first step is to consult with a specialist attorney. Here's what you need to do:

1. Gather your medical documentation: Request all medical records, test results, imaging, and any relevant documents from the hospital or physician.
2. Write a case summary: Briefly describe what happened — what treatment you received, what the problem was, and what damages you suffered.
3. Contact Mendelboim, Gaur, Vitzman-Gaur & Co.: We are located in Ramat Gan at Donesh 1. You can call us, send an email, or fill out a form on our website. The first consultation is free of charge.
4. Attend a consultation meeting: During the meeting, we will listen to you, review the documentation, and honestly advise you whether there is a basis for a claim and what the next steps are.

Why is it Important Not to Delay?

If you suspect medical malpractice, it is crucial not to postpone action. The more time passes, the more difficult it becomes to obtain evidence, medical experts may become less available, and medical records may be lost. Additionally, there is a statutory deadline for filing a claim (three years from the discovery of the damage), so it is important to act promptly. We recommend consulting with an attorney as soon as possible.