Medical Malpractice Claim for Misdiagnosis in Petah Tikva

What is Medical Malpractice Due to Misdiagnosis?

Medical malpractice due to misdiagnosis occurs when a physician or other medical institution fails to properly diagnose an existing medical condition, or diagnoses a condition that does not actually exist. This is one of the most common forms of medical malpractice in Israel, and often causes serious harm to the victim — prolonged suffering, deterioration of health status, aggravation of disease, or even loss of life.

In Petah Tikva, as anywhere in the country, every patient is entitled to a standard level of medical care. When a physician fails to perform necessary tests, intentionally or negligently fails to read test results, or ignores clear clinical signs — this may constitute legal negligence entitling the victim to compensation.

A claim for misdiagnosis is not difficult to define, but it requires strong legal proof: you must prove that the physician deviated from the accepted standard in their field, and that this deviation directly caused the harm. Our firm specializes in such claims and has extensive experience in proving the causal connection between the omission and the damage.

The Most Common Types of Misdiagnosis

Misdiagnoses can occur in any medical field. The following are the most common cases in which we represent claimants in Petah Tikva and the surrounding area:

• Misdiagnosis of Cancer: Failure to detect a malignant tumor, or false diagnosis of cancer when none exists. Delayed diagnosis of cancer often causes the disease to spread and worsens the chances of recovery.
• Misdiagnosis of Cardiovascular Events: Missing a heart attack, stroke, or myocarditis in the emergency room or clinic can result in irreversible damage or death.
• Misdiagnosis in Gynecology and Obstetrics: Missing an ectopic pregnancy, infection, or pregnancy complications can lead to serious harm to the mother or fetus.
• Misdiagnosis in Neurology: Failure to detect stroke, dementia, or other neurological diseases at an early stage may delay necessary and vital treatment.
• Misdiagnosis of Fractures or Bone Injuries: Missing a fracture of a bone or spinal cord in an initial examination can cause long-term complications.
• Misdiagnosis in Pediatrics: Errors in detecting infectious diseases, severe allergies, or hereditary diseases in children can affect their entire lives.

What Are the Legal Criteria for Proving Negligence in Diagnosis?

To succeed in a misdiagnosis claim in Petah Tikva or anywhere in the country, you must prove three legal facts:

1. Duty of Care: The physician or medical institution owed you a legal duty to treat you. Usually this is clear — a physician-patient relationship existed.
2. Breach of Medical Standard: The physician deviated from the accepted standard in their field when making the diagnostic decision. This means that a reasonable physician in their position would not have done the same thing under identical circumstances. This proof typically requires expert testimony from another physician in the relevant field.
3. Causal Connection Between Breach and Harm: You must prove that the missed diagnosis (or misdiagnosis) directly caused the harm you suffered. Sometimes this is the most difficult to prove, because you must show that if the diagnosis had been made at the right time, the medical outcome would have been different.

In misdiagnosis claims, typically at least two expert witnesses are required — one to testify to the breach of standard, and one to testify to the medical damage and its connection to the negligence. Our firm works with a broad network of respected medical experts in Israel and can assist in obtaining quality evidence.

Steps of a Misdiagnosis Claim in Petach Tikva

A medical malpractice claim follows a structured legal process. Below are the main steps:

Step 1: Damage Assessment and Documentation Collection

In the first stage, we review your complete medical file — all tests, findings, treatments, and outcomes. We request all relevant records from the medical institution. At this stage, it is important to gather evidence of the damage you suffered: additional medical bills, witness statements from relatives, a personal diary of suffering, and any other document evidencing the consequences of the misdiagnosis.

Step 2: Initial Legal Review and Expert Consultation

After gathering information, we consult with an initial medical expert (usually from the relevant field). The expert examines whether, in their opinion, there is a breach of medical standard. If the expert believes there is indeed a breach, we proceed to the next step. If not — we discuss with you the realistic chances of the claim.

Step 3: Formal Demand to the Medical Institution or Insurance

Typically, we send a formal demand to the medical institution (hospital, clinic, practice) or their insurance company, detailing our claims, the damage, and the requested compensation amount. Often, medical institutions and their insurers prefer to settle the case at this stage to avoid prolonged litigation.

Step 4: Negotiation

After receiving the demand, a negotiation process between the parties usually begins. In most cases, such claims are resolved through a settlement, often for a substantial amount. We negotiate on your behalf at every stage to achieve the highest possible sum.

Step 5: Filing a Claim in Court (if we have not settled)

If we fail to reach a settlement, we file a formal claim in the district court. The claim includes all allegations, evidence, and compensation demands. This is where actual litigation begins — court appearances, submission of evidence, expert testimony, etc.

Step 6: Trial in Court and Judgment

At trial, both sides present their arguments, evidence, and expert testimony. The judge hears the arguments and decides whether medical malpractice occurred and, if so, how much compensation to award. The judge's judgment is final (unless appealed to the Supreme Court).

Compensation Ranges in Misdiagnosis Claims

The compensation amount in a medical malpractice claim depends on the extent and severity of the damage. Generally, Israeli courts award compensation for:

• Physical Damage: Pain and suffering, disease prolongation, disability, loss of earning capacity, additional medical expenses.
• Economic Damages: Expenses for additional treatments, loss of income, rehabilitation, medication.
• Non-Economic Damages: Emotional distress, impairment of enjoyment of life, impact on family life.
• Punitive Damages: In some cases, the court may award punitive damages if the conduct was particularly severe.

Compensation amounts in misdiagnosis claims in Petach Tikva and throughout the country typically range from tens of thousands of shekels to millions, depending on the severity of the damage. We work to achieve the highest possible amount for you.

Examples of Misdiagnosis Cases

To better understand the types of claims we handle in Petach Tikva, here are a few illustrative examples (adapted to protect privacy):

Example 1: Failure to Detect Early-Stage Cancer

A 52-year-old woman visited her family physician with complaints of chest pain. The physician performed a brief physical examination and suggested it was likely stress-related. A year later, when the woman consulted another doctor, advanced-stage breast cancer was discovered. Had it been diagnosed at the initial visit, the likelihood of full recovery would have been significantly higher. In the lawsuit, it was proven that the first physician failed to perform adequate tests (such as blood work or a mammography referral), which constituted a deviation from the standard of care. The claim was settled with a substantial settlement.

Example 2: False Diagnosis of Pneumonia

A 68-year-old man arrived at the emergency room with breathing difficulties. The attending physician diagnosed basic pneumonia and performed only a simple chest X-ray. The physician did not conduct detailed blood tests or a CT scan. In fact, the man was suffering from a heart attack. He was sent home with antibiotics, and hours later he suffered a severe heart attack that left him with cardiac muscle damage. In the lawsuit, it was proven that the physician deviated from the standard of care by failing to check for cardiovascular signs given such symptoms.

Example 3: Missed Spinal Fracture

A 10-year-old boy fell from his bicycle and returned home with back pain. His parents took him to the emergency room. The physician performed a physical examination and concluded there was nothing serious. No imaging tests (X-ray or CT) were conducted. The child returned home in pain that persisted. Weeks later, a follow-up examination revealed a small fracture in the spine. Due to the delay, the child suffered chronic pain and required prolonged treatment. The lawsuit established that the physician failed to follow the standard of care by not ordering imaging studies when spinal injury was suspected.

Rights of Victims in Misdiagnosis Claims

As a victim of misdiagnosis in Petach Tikva or anywhere in the country, you have important legal rights:

• Right to Compensation: If we prove negligence, you are entitled to compensation for all damages you have suffered.
• Right to Access Your Medical File: You can request all your medical records from the medical institution at no cost or minimal expense.
• Right to Lodge a Complaint with a Medical Board: You can file a complaint with the physician's registration board regarding unprofessional conduct. While this is not a substitute for a legal claim, it can support your case.
• Right to Complain to the Health Authority: You can file a complaint with the Ministry of Health against the medical institution or the physician for violations of safety or quality regulations.
• Right to Consult with an Attorney: You are entitled to professional legal advice to understand your rights and litigation options.

What to Do If You Suspect Misdiagnosis

If you suspect you received a misdiagnosis in Petach Tikva, here are the recommended steps:

1. Seek a Second Opinion: Consult another physician in the relevant field and obtain a second opinion on the diagnosis. This will help you understand if there is indeed a problem.
2. Preserve All Documentation: Keep copies of all medical records, tests, images, and invoices. This will be critical for your claim.
3. Document the Damage: Write a journal of your suffering, any additional treatments you underwent, expenses incurred, and any other consequences of the misdiagnosis.
4. Contact an Attorney: As soon as possible, reach out to an attorney specializing in medical malpractice claims. Our office offers a free initial consultation in Petach Tikva.
5. Check the Statute of Limitations: Generally, under the law, you have three years from the date you discovered (or should have discovered) the negligence to file a claim. Do not wait too long.

Why Choose Mandelboim, Gor, and Witzman-Gor Law Office in Petach Tikva?

Our firm has specialized in medical malpractice claims since 2008. We have extensive experience in proving misdiagnosis, working with medical experts, and negotiating with insurance companies. We represent only claimants (not medical institutions or insurance companies), which means we are always on your side.

In Petach Tikva, we are located at our branch office at 8 Yoni Netanyahu Street, close to residents. We speak with each client in a personal and dedicated manner, and we update you at every stage of your claim. Our first consultation is free, so you can understand your chances without financial risk.

If you are suffering from a misdiagnosis in Petach Tikva or the surrounding area, we are here to help you obtain the compensation you are entitled to. Let's talk today.