Medical Malpractice Claim for Misdiagnosis in Ramat Gan

What is Medical Malpractice in Misdiagnosis?

Medical malpractice in misdiagnosis is a case in which a physician or other medical institution failed to identify a disease or medical condition, even though the physician had reasonable grounds to perform additional tests or rely on available clinical data. Misdiagnosis can lead to delayed treatment, incorrect treatment, or even no treatment at all, resulting in serious harm to the patient's health, loss of work capacity, physical and emotional suffering, and additional medical expenses.

In Israel, cases of misdiagnosis in matters such as cancer, heart attack, stroke, serious infections, undiagnosed fractures and the like constitute a significant portion of medical injury claims. Each case is examined on its own merits, in accordance with the specific circumstances, the level of care required, and the consideration of the patient or their relatives.

When Does Misdiagnosis Constitute Legal Malpractice?

Not every misdiagnosis constitutes legal malpractice. Proper legal analysis requires examination of several factors:

• Duty of Care: Did the physician have a legal duty to treat the claimant? Generally, a physician-patient relationship creates this duty immediately upon commencement of treatment.
• Breach of Professional Standard: Did the physician or medical institution breach the accepted medical standard? This means: would a reasonable physician with similar knowledge and qualifications have been expected to perform different tests or diagnostic steps under these circumstances?
• Causation: Did the delay or error in diagnosis directly cause the harm? This is critical — if the harm would have occurred regardless, even with correct diagnosis, there may be no basis for a claim.
• Proven Damages: Actual damages must be proven — in medical records, expert assessments, disability certificates from National Insurance, or expert medical testimony.

This analysis typically requires expert medical opinion in the relevant field to determine whether the physician or institution deviated from accepted standards.

Common Examples of Misdiagnosis in Ramat Gan and Surrounding Areas

In recent years, our firm has represented patients harmed by misdiagnosis in various medical fields:

• Failure to diagnose cancer: A patient visited a family physician or clinic, relied on a single test result, and the doctor failed to refer for further testing or additional examinations when symptoms persisted. Later, the cancer was discovered at a more advanced stage.
• Failure to diagnose heart attack or stroke: A patient arrived at the emergency room with characteristic symptoms (chest pain, speech difficulty, partial paralysis), but the emergency room physician spent insufficient time on examination or failed to perform appropriate tests (EKG, CT, MRI), and discharged the patient. Within hours, the patient suffered a severe event.
• Misdiagnosis of inflammation or infection: A patient was incorrectly treated as though suffering from a mild viral illness, when in fact they had a serious bacterial infection requiring antibiotics.
• Undiagnosed fracture: A patient who fell or was injured in an accident underwent X-ray examination in the emergency room, but the physician or radiologist missed a bone fracture (for example, in the femur, spine, or ankle), and the patient was discharged with instructions for normal activity, which worsened the injury.

In each of these cases, proving negligence depends on expert medical opinion, the original medical documentation, and proof of the connection between the misdiagnosis and the harm caused.

Compensation in Misdiagnosis Claims — Ranges and Parameters

The compensation amount in a misdiagnosis claim depends on several key factors. There is no fixed formula, but a review of case law in this field reveals typical ranges. Below is a table presenting common categories of damages and typical compensation ranges:

Important Note: The ranges above are indicative only, in accordance with Israeli case law. Each case is examined on its own merits, and the compensation amount may be higher or lower depending on the specific circumstances, the level of evidence, and the discretion of the court or settlement negotiations.

Why Consult with Our Office in a Misdiagnosis Claim?

The office of Mandelbaum, Gor, Witzman-Gor & Co., Attorneys at Law has been operating in Ramat Gan since 2008 and has handled hundreds of personal injury claims in the field of medical malpractice. Our experience in misdiagnosis claims is based on:

• Representation of Claimants Only: We represent only plaintiffs in personal injury claims, not medical institutions or insurance companies. This means we are dedicated solely to the interests of the injured, without any conflict of interest.
• Deep Legal Experience: Our office team includes attorneys with professional training in tort law, insurance law, and social security law. We are familiar with the nuances of medical claims.
• Connections with Medical Experts: We have a network of specialist physicians in various fields who can provide reliable and admissible expert opinions in court.
• Effective Negotiation: With extensive experience in claim settlements, we know how to conduct effective negotiations with insurance companies and medical institutions, and often succeed in achieving satisfactory settlements without the need for protracted legal proceedings.
• Personal Accompaniment: Each claimant receives personal accompaniment from the attorney, regular updates, and explanations at every stage of the process.

Your first consultation meeting with our Ramat Gan office is at no cost. At this meeting, we will review your documents, listen to your story, and provide you with an initial assessment of the prospects and next steps.