Medical Malpractice Claim in a Private Clinic in Ramat Gan

What is Medical Negligence in a Private Clinic and Who Has the Right to Sue?

Medical negligence in a private clinic is a breach of the accepted standard of medical care that caused damage to the patient's body or health. In a private clinic, as in any medical institution, a physician has a legal and statutory obligation to provide treatment according to an accepted standard and professional diligence. When a private physician falls below this standard — whether due to misdiagnosis, inappropriate treatment, use of a dangerous method, or failure to perform necessary tests — a situation of negligence may arise.

In Israel, any person injured by medical negligence, whether in a private clinic or a public institution, may file a claim against the physician and/or medical facility, provided they can prove the existence of three legal conditions: (1) the existence of a legal duty of the physician toward the patient, (2) breach of this duty, and (3) a causal connection between the breach and the damage caused. This right applies to every patient, regardless of whether they have public or private insurance.

A private clinic in Ramat Gan, like anywhere else in Israel, is required by law to maintain standards of safety and professional care. If treatment at a private clinic resulted in complications, infection, excessive pain, loss of work capacity, or other damages, you may have a legal claim.

What Happens When a Private Physician Makes a Medical Error?

When a private physician makes a medical error in a private clinic, the damage can be significant: chronic pain, health complications, need for additional treatment, loss of income from work, and additional medical expenses. Contrary to a misconception that sometimes exists among the public, a private physician is not exempt from legal liability. In fact, a private clinic in Ramat Gan or anywhere else in Israel is required by law to maintain professional standards identical to those of public care, and often even higher.

A claim against a private physician can be based on the Law of Liability for Damages, and can include compensation for: bodily injuries (pain and suffering, disability, loss of earning capacity), actual medical expenses, future treatment costs, and other damages as determined by the court. Mandelboum, Gor, Witzman-Gor & Co. represents victims in medical negligence claims in private clinics in Ramat Gan and throughout the country, and is dedicated to restoring their rights.

Common Examples of Medical Malpractice in Private Clinics

Medical malpractice in a private clinic can manifest in various ways. Below are common examples that may form the basis for a lawsuit:

• Misdiagnosis or Delayed Diagnosis: A private physician failed to identify a serious illness or identified it with significant delay, leading to deterioration of the patient's medical condition. For example, failure to diagnose hypertension or diabetes over a period of time, resulting in complications.
• Inappropriate Treatment or Dangerous Method: A private physician used treatment unsuitable for the patient's medical condition or employed a method that may be more dangerous than standard alternatives.
• Failure to Perform Necessary Tests: A private physician did not perform blood tests, imaging studies, or other tests required according to accepted medical standards, resulting in missed diagnosis.
• Negligence or Inadequate Monitoring: A private clinic failed to follow up on the patient's condition or did not warn the patient of known risks.
• Complications from Infection or Procedural Error: Following surgery or a procedure at a private clinic, the patient developed an infection, bleeding, or other unexpected damage that would not occur with proper treatment.
• Failure to Obtain Informed Consent: A private physician did not explain the risks, alternatives, and expected outcomes of treatment and performed the treatment without the patient's informed consent.

Each of these scenarios can form the basis for a legal claim against the physician and/or private clinic. The Mandelbaum, Gor, Witzman-Gor & Co. law firm has reviewed hundreds of medical malpractice cases in private clinics in Ramat Gan and throughout Israel and is expert in identifying the evidence needed to prove malpractice.

The Process of Proving Medical Malpractice in a Private Clinic

Proving medical malpractice is a complex legal and technical task. Under Israeli law, the plaintiff must prove that a private physician deviated from the standard of care accepted among physicians with similar experience in the same specialty and in facilities with similar experience. This is not a standard of an "ideal physician," but rather a reasonable standard of a professional physician in the field.

To prove deviation from the standard, the Mandelbaum law firm relies on:

• Expert Medical Opinion: Generally, expert opinion from a qualified physician (usually from outside the clinic where treatment was provided) is required to confirm that the treatment provided at the private clinic deviated from the standard. This opinion is central to the claim.
• Medical Documentation: Records from the private clinic, test results, medical imaging, and other medical reports.
• Medical Testimony: Testimony from other physicians or from the patient regarding the course of treatment and its consequences.
• Proof of Causation: Evidence that the negligent treatment at the private clinic was the direct cause of the harm suffered.

This process requires close cooperation between the attorney and medical experts. The Mandelbaum, Gor, Witzman-Gor & Co. law firm has a network of connections with medical experts in various fields and can assist in obtaining high-quality and persuasive expert opinions.

What You Need to Know About a Claim Against a Private Physician in a Private Clinic in Ramat Gan

Time Limit for Filing a Claim (Statute of Limitations)

It is important to know that a claim for medical malpractice is subject to the statute of limitations. Generally, you have three years from the date you discovered (or should have discovered) the damage to file a claim. However, in some cases, the statute of limitations may begin from a different point in time. Therefore, it is very important to consult with an attorney as soon as possible to ensure you do not miss the statutory deadlines.

Liability of the Private Clinic and/or Physician

In a claim against a private clinic in Ramat Gan, you can file a claim against the physician directly, against the clinic (if it is a corporation), or against both. In some cases, the clinic may be liable for the actions of its physician when the physician is an employee or partner of the clinic. An insurance company, if applicable, may also be involved in the claim.

Professional Liability Insurance

Private physicians are generally required by law to maintain professional liability insurance. This insurance covers claims for medical malpractice. When a claim is filed, Mandelbaum, Gor, and Witsman-Gor law firm will ensure that this insurance is activated and will conduct negotiations with the insurance company to obtain compensation.

Legal Fees and Representation Costs

Mandelbaum, Gor, Witsman-Gor, and Associates work on a "contingency fee" basis for medical malpractice claims. This means you only pay representation fees if you win the claim or reach a settlement. This ensures you are not exposed to unlimited financial risk. An initial consultation meeting is completely free of charge.

Types of Damages That Can Be Claimed

In a medical malpractice claim, you can claim compensation for:

• Physical injuries: Pain and suffering caused as a result of negligence, disability or loss of earning capacity, impairment of independence or ability to perform daily activities.
• Actual medical expenses: Any expense incurred for treatment, examinations, medications, or rehabilitation as a result of the negligence.
• Future medical expenses: Expected treatments you will need to undergo in the future as a result of the damage caused.
• Loss of income: Income you lost as a result of being on sick leave or unable to work.
• Additional damages: Depending on the circumstances, the court may award compensation for other damages as deemed appropriate.

Comparison Between a Claim Against a Private Clinic and a Claim Against a Public Institution

There is sometimes an assumption that a claim against a private clinic is easier than a claim against a public institution. This is not true. Legally, the standard of proof is identical: you must prove that the physician deviated from the standard accepted among physicians with similar experience. However, there are several important differences:

In short: a claim against a private clinic in Ramat Gan can be effective, but requires the same legal standard and evidence as a claim against a public institution. The Mandelboim, Gor, Witzman-Gor and Partners law office is experienced in both types of claims and knows how to conduct each one optimally.

Why is it important to consult with an attorney immediately?

If you suspect that you have been harmed by medical malpractice at a private clinic in Ramat Gan, it is very important to consult with an attorney as soon as possible. The reasons are:

• Legal deadlines: As mentioned, there are deadlines for filing a claim. If you wait too long, a situation may arise in which the claim becomes barred by the statute of limitations and cannot be filed.
• Preservation of evidence: The sooner you contact an attorney, the sooner we can preserve important evidence (medical records, photographs, reports) before they are lost or destroyed.
• Early assessment: An experienced attorney can quickly assess whether you have a strong claim and suggest to you the best way to proceed.
• Early Negotiation: Sometimes, an early approach to the clinic's insurance company can lead to a quick settlement without a protracted legal proceeding.