Medical Malpractice Claim at a Hospital in Petah Tikva

What is Medical Malpractice in a Hospital?

Medical malpractice is a breach of the standard of reasonable medical care that results in physical or psychological harm to a patient. In the context of a hospital in Petach Tikva or any other medical institution, malpractice can manifest in various forms: misdiagnosis, surgical errors, infection following failure to maintain hygiene, medication errors, failure to perform necessary tests, or inadequate monitoring of the patient's condition.

Israeli law recognizes the right of a patient to file a personal injury claim against the hospital or the responsible physician, provided they can prove that the treatment deviated from the accepted medical standard in Israel and caused direct harm. This is a complex legal field requiring a deep understanding of both law and medicine.

How is the Standard of Reasonable Care Defined?

In Israel, medical malpractice is assessed based on the judgment of a reasonable physician with similar qualifications. The court examines whether the physician or hospital acted in accordance with the accepted medical knowledge at the time the treatment was provided. If the treatment deviated from the accepted standard and there is a causal connection between the deviation and the harm caused, legal liability exists.

This fact is not dependent on whether the physician or hospital acted with malicious intent—even unintentional negligence can lead to a successful claim. A classic example: a physician who failed to conduct a basic physical examination before surgery, or a physician who disregarded abnormal blood test results.

Who is Liable – the Hospital or the Physician?

Generally, the hospital is liable for the actions of its employees, including employed physicians. If a physician employed by a hospital in Petach Tikva commits an error, the hospital may be named as a defendant in a claim. However, it is also possible to file a claim directly against the physician personally, depending on the circumstances and upon consultation with your attorney. Our firm specializes in assessing legal liability in these complex scenarios.

Steps for Filing a Lawsuit Against a Hospital in Petach Tikva

A medical negligence claim goes through several legal and administrative stages. Understanding these steps is important to plan your priorities and prepare for what is often a lengthy process.

Step 1: Collection of Medical Documents

The first step is obtaining all relevant medical records from the hospital. This includes patient files, test results, physician notes, surgical protocols, medical images (X-rays, MRI, etc.), and any other documents related to your treatment. Typically, the hospital must transfer these documents within a reasonable timeframe, although sometimes a formal request or legal consultation is required.

An experienced attorney will know exactly which documents to request and what types of documents may be withheld on grounds of medical confidentiality. At this stage, our office helps you submit requests and deal with the hospital.

Step 2: Obtaining an Independent Medical Opinion

Before filing a formal lawsuit, an independent physician's opinion (from a doctor not involved in the original treatment) is almost always required. This opinion should demonstrate that the treatment deviated from accepted standards and that there was a causal connection to the injury. This is critical evidence in the claim.

Selecting the right physician to obtain an opinion from is very important. An attorney with connections in the medical community can assist in referring you to a physician respected in their field. Typically, the independent physician will review the file and write a detailed report outlining their findings.

Step 3: Sending a Pre-Lawsuit Notice (Primarily in Settlement Proceedings)

Before filing a lawsuit in court, there is a legal requirement to notify the hospital in writing. This notice explains your claim, the damages you have suffered, and your compensation demand. The hospital will be able to respond and offer a settlement. At this stage, if the hospital or its insurance company is interested in settling, negotiations may ensue.

An attorney experienced in tort proceedings will know how to draft a strong notice, what to include to increase pressure to resolve matters, and when to be flexible in your offer. We will support you at every stage of these negotiations.

Step 4: Filing a Lawsuit in Court

If you do not reach a settlement, a formal lawsuit will be filed in the district court or magistrate's court depending on the amount claimed. The lawsuit must contain a detailed description of the case, legal arguments, medical opinions, and damages incurred. At this stage, the defendants (the hospital, the physician) will file their own response.

Step 5: Hospital Response and Defense

The hospital will file a response challenging your claims and present its own evidence, including medical opinions of its own. At this stage, both parties exchange documents and evidence in a process called "discovery".

Step 6: Negotiations and Settlement or Trial

In the early stages of the lawsuit, there are often opportunities to settle. In some cases, the court will arrange a settlement conference before trial. If no settlement is reached, the case will be brought for trial in court, where both parties will present evidence and arguments.

Types of Medical Negligence in Hospitals

Medical negligence can occur at any stage of medical treatment. Below are examples of types of negligence we have encountered in representing claimants:

Diagnostic Errors

When a physician at a hospital in Petach Tikva fails to diagnose a serious medical condition or misdiagnoses it, this may result in delayed treatment and diminished chances of recovery. For example, a physician who failed to identify a heart attack, stroke, or cancer in its early stages could be deemed negligent if a reasonably competent physician would have been expected to identify the condition.

Surgical Errors

Surgical errors are among the most serious types of negligence. These include: unexpected damage to blood vessels or nerves, leaving a foreign object in the patient's body, operating on the wrong side of the body, or using an incorrect technique that resulted in complications.

Infection Due to Failure to Maintain Hygiene

A hospital must maintain high standards of hygiene to prevent infection. If a patient contracts an infection due to the hospital's failure to maintain proper hygiene protocols, this may form the basis for a claim.

Medication Errors

Errors in medication administration, such as administering the wrong medication, incorrect dosage, or administering medication to a patient with a known allergy, can result in serious harm.

Failure to Adequately Monitor Patient Condition

A hospital must regularly monitor a patient's condition, particularly after surgery or during a serious illness. If nursing staff or physicians failed to notice signs of deterioration in time, and this resulted in harm, this may constitute negligence.

Failure to Perform Necessary Tests

If a physician failed to conduct a test that was necessary according to accepted medical standards (for example, a blood test before surgery, or a cardiac test for a patient showing signs of heart problems), this may constitute negligence.

Damages Available in Medical Malpractice Claims

If your claim is successful, you may be entitled to compensation for a variety of damages. It is important to understand the types of damages that can be claimed so that you can ask your attorney for a realistic assessment of the value of your claim.

Personal Injury and Health Damages

This includes medical expenses, additional surgeries required as a result of the negligence, medications, treatments, rehabilitation, and any future medical expenses that can be foreseen. Additionally, compensation for pain and suffering, according to a judicial scale that calculates compensation based on the severity of the damage.

Loss of Earning Capacity

If the negligence has rendered you unable to work, you are entitled to compensation for lost income in the past (from the date of negligence to the present) and for future income expected to be lost due to the disability or limitations created.

Additional Living Expenses

If the damage has made you dependent on care or assistance from others, you may be entitled to compensation for care costs, home care assistance, and any additional expenses resulting from the disability.

Loss of Enjoyment of Life

The law recognizes compensation for impairment of quality of life — that is, if the damage caused prevents you from activities that you previously enjoyed (sports, hobbies, social life, etc.).

Psychological Damages

If the negligence has caused you trauma, depression, anxiety, or any other psychological issue, you may also be entitled to compensation for this, provided that the connection between the negligence and the psychological damage can be proven.

Calculation of Compensation in Medical Malpractice Claims

Calculating the compensation amount in a medical malpractice claim is a complex process that combines legal, medical, and economic factors. There is no simple "formula," but there are principles and precedential guidelines that inform the calculation.

Economic Damages (Concrete)

These are damages that can be measured precisely: past and future medical expenses, lost income, rehabilitation costs, and any other direct expenses. For future expenses, the court uses actuarial calculations to estimate the present value of anticipated future costs.

Non-Economic Damages (General)

These include pain and suffering, diminished enjoyment of life, emotional distress, and others. Israeli law uses graduated compensation tables established by the Supreme Court, which divide the extent of injury into categories (mild, moderate, severe) and set compensation ranges for each category. The ranges are updated annually according to the cost of living index.

General Example (Non-Binding)

Suppose a patient suffered medical malpractice resulting in permanent partial disability. The compensation might include: (1) past medical expenses — 50,000 shekels; (2) estimated future medical expenses — 200,000 shekels; (3) past lost income — 100,000 shekels; (4) estimated future lost income — 500,000 shekels; (5) pain, suffering, and enjoyment of life — 300,000 shekels. Estimated total: approximately 1,150,000 shekels. However, each case is examined individually, and these amounts vary significantly depending on the circumstances.

Effect of Comparative Negligence

In some cases, the court may find that the patient was also partially responsible for the injury (for example, if the patient failed to follow the physician's instructions). In such cases, the compensation may be reduced by a certain percentage. This is called comparative negligence.

Conditions for Success in a Claim Against a Hospital in Petach Tikva

To succeed in a medical malpractice claim, you must prove several elements. Understanding these conditions is important in order to assess the prospects of your claim.

1. Existence of a Medical Relationship Between the Patient and the Hospital

You must prove that there was a doctor-patient relationship between the hospital (or the doctor) and you. This is usually easy to prove — a patient file, receipts, and medical documentation are sufficient evidence.

2. Deviation from the Standard of Reasonable Care

This is the heart of the claim. You must prove that the treatment you received deviated from the standard of a reasonable doctor. This is usually done through a medical expert opinion from an independent physician, who will testify that a reasonable doctor would not have acted as the doctor in the hospital did.

3. Causal Link Between the Deviation and the Damage

You must prove that the deviation from the medical standard is what caused the damage. If there was another cause that led to the damage, the court may dismiss the claim. For example, if a doctor failed to diagnose a certain disease, but the patient suffered from the disease anyway and recovery was impossible, then there is no causal link.

4. Actual Damage

You must prove that you have suffered damage — physical, emotional, financial, or a combination of these. The damage must be measurable and based on solid evidence.

5. Strong Medical Expert Opinion

This is perhaps the most important factor. Without a strong medical expert opinion from an independent, reputable physician in the field, it is very difficult to succeed in a claim. The court relies heavily on medical expert opinion to decide whether there was negligence.

Why Choose Our Firm to Represent You in a Medical Malpractice Claim

Choosing the right attorney can be the most important decision in your case. At the attorneys of Mandelbaum, Gor, Witzman-Gor and Co. in Petach Tikva, we offer:

Deep Experience in Tort Law

Our firm was established in 2008 and specializes exclusively in representing plaintiffs in tort law. We understand the complexities of medical malpractice claims, and we have strong relationships with respected independent physicians in various fields who can testify to expert opinions.

Personal and Dedicated Approach

We are a boutique family firm, which means you are not just a number in a massive file. Each case receives personal attention from an experienced attorney. We understand the emotional difficulty of a legal claim, and we are here to support you every step of the way.

Free Initial Consultation

We offer a free initial consultation in which we can evaluate your case, explain your rights, and answer all your questions. There is no obligation or pressure — just honest advice from an experienced attorney.

Contingency Fee

We work on a contingency fee basis in medical malpractice claims, which means you only pay if you win or settle. This ensures we are as invested in the success of your claim as you are.

Located in Petach Tikva and the Surrounding Area

We are located in Petach Tikva and also have offices in Ramat Gan. We are familiar with the hospitals in Petach Tikva, the local medical system, and the District Court in the area. This gives us an advantage in local claims.