Medical Malpractice Lawsuit in Surgical Procedures in Petach Tikva

What is Surgical Malpractice and Who Can File a Claim?

Surgical malpractice occurs when a physician or surgeon deviates from the accepted standard of reasonable medical care when performing a surgical procedure. This standard is defined by the medical knowledge prevailing at the time of surgery, the physician's experience, and the patient's clinical condition. When a surgeon acts negligently, without proper skill, or in disregard of accepted protocols, and as a result causes injury to the patient's body or health, the patient or heirs may file a tort claim.

A claim against a surgeon in Petach Tikva or anywhere else in Israel may be based on several types of negligence: technical error during surgery, misdiagnosis leading to an incorrect surgical decision, failure to identify complications, surgery without proper informed consent, or failure in post-operative care and follow-up. Each of these scenarios may constitute the basis for a legal claim.

In surgical malpractice claims, the burden of proof is on the plaintiff to demonstrate that the surgeon deviated from the accepted standard and that this deviation directly caused the injury. This typically requires expert medical testimony, thorough review of medical records, and legal analysis of the circumstances. Mandelboum, Gor, Witzman-Gor & Co. law firm in Petach Tikva represents plaintiffs in such claims with over 18 years of experience in tort law.

Common Types of Surgical Malpractice

• Negligence in Surgical Technique: Injury to blood vessels, nerves, or bones during surgery; leaving foreign materials within the body; surgery at the wrong site.
• Negligence in Surgical Decision-Making: Performing unnecessary surgery; surgery without appropriate professional experience; surgical decision made without sufficient diagnostic testing.
• Negligence in Post-Operative Care: Failure to identify complications; inadequate treatment of infection or inflammation; failure to provide appropriate medical follow-up.
• Negligence in Informed Consent: Surgery performed without obtaining proper informed consent from the patient; failure to disclose material risks.
• Negligence in Choice of Surgical Method: Use of a more invasive or dangerous method than necessary; failure to use available and accepted technology.

Medical Negligence Claim Process – Key Stages

A tort claim for medical negligence in surgery proceeds through several legal stages. Understanding these stages is important to prepare realistic expectations and understand the investment required in the process.

1. Initial Information Gathering and Legal Review

At this stage, the attorney examines your specific case. This involves obtaining the complete medical file from the medical institution where the surgery was performed, reviewing medical records, examining surgical documentation, and conducting an in-depth interview with the patient or their family members. The attorney evaluates whether there is preliminary evidence of negligence and a reasonable likelihood of success in the claim.

2. Expert Medical Consultation

To prove medical negligence, expert testimony from a physician with experience in the relevant field is typically required (for example, an orthopedic surgeon if the surgery involved bone, or a general surgeon if it was abdominal surgery). The attorney will coordinate with a medical expert who will review the file and assess whether the defendant surgeon deviated from accepted standards. Expert opinion is typically critical to proceeding with the claim.

3. Send Compensation Demand (With or Without Formal Lawsuit)

After receiving a positive expert opinion, the attorney may send a formal demand for compensation to the defendant (the surgeon or the medical institution where they worked). The demand describes the negligence, the damages, and the basis for the claim. In many cases, medical institutions and their malpractice insurance attempt to resolve the matter by agreement, although not always.

4. Filing a Lawsuit in Court

If no settlement is reached within a reasonable period, the attorney will file a formal lawsuit in a District Court or civil court, depending on the place of residence or location of surgery. The lawsuit will include all medical evidence, expert opinion, calculation of damages, and legal justification.

5. Discovery Stage

At this stage, both parties must exchange relevant documents with each other. The defendant will be required to provide additional medical records, insurance documentation, and their own legal opinions. Your attorney will review all material and update the strategy accordingly.

6. Evidence Stage – Testimony and Disclosure

At this stage, pre-trial hearings, mediation sessions, or negotiations may take place. Typically, in medical negligence claims, full trials are relatively rare; most claims are resolved by agreement or mediation. If the case goes to full trial, there will be presentation of evidence, testimony from the patient, testimony from experts on both sides, and cross-examinations.

7. Judgment and Appeal

The court will issue a judgment determining whether there was negligence, the extent of damages, and what the defendant must pay. If either party disagrees with the judgment, an appeal can be filed to a higher court.

Compensation Range in Surgical Medical Malpractice Claims

The amount of compensation in a medical malpractice claim depends on several factors, such as the severity of the damage, the patient's age, impact on earning capacity, future medical expenses, and emotional suffering. No two cases are identical, and therefore the compensation range can vary significantly.

Typically, surgical medical malpractice claims range from tens of thousands of shekels to claims reaching tens of millions of shekels, depending on the extent of the damage. For example, incorrect surgery that resulted in partial disability may result in compensation ranging from hundreds of thousands to one million shekels, while surgery that resulted in total disability or death may result in significantly higher compensation.

Part of the compensation may be covered by the physician's insurance or the medical institution's insurance. In some cases, the claimant may also be entitled to compensation from national insurance, if the damage meets the criteria of national insurance.

Types of Damages That Can Be Claimed

• Physical Damages: Physical injury, pain, suffering, disability, impact on earning capacity.
• Medical Expenses: Additional treatments, medications, additional surgeries, rehabilitation.
• Loss of Income: Income lost due to inability to work; future income that will be lost.
• Emotional Suffering: Impairment of enjoyment of life, depression, anxiety resulting from physical damage.
• Future Treatment Expenses: Assessment of expected medical costs in the future.

Why Choose Mandelbaum, Gor, Witzman-Gor Law Firm for Medical Malpractice Claims?

Mandelbaum, Gor, Witzman-Gor & Co. Law Firm specializes in tort claims since 2008. Our firm is focused on representing claimants only, which means we have no conflicts of interest with insurance companies or medical institutions. All of our attorneys are dedicated to the benefit of the claimant, not the defendant.

In surgical medical malpractice claims, experience and legal-medical expertise are critical. Our firm maintains strong relationships with medical experts in various fields and knows how to build a strong case with medical evidence. We understand medical language, standards of medical care, and how courts operate in such claims.

Additionally, our firm offers a free initial consultation. This means you can come to us in Petah Tikva, at our branch at Yoni Netanyahu 8, or at our Ramat Gan branch at Donash 1, and speak with an attorney with no obligation or cost. During the meeting, we will be able to evaluate your case, answer your questions, and offer legal direction.

We believe in clear communication and regular client updates. You will not be left in the dark about what is happening in your claim. Every step will be explained in detail, and every legal decision will be made with your consent.