Medical Malpractice Claim for Surgery in Ramat Gan

Medical Malpractice in Surgery — Definition and Your Rights

Medical malpractice in surgery refers to a deviation from the accepted medical standard in performing a surgical procedure, as a result of which physical harm is caused to the patient. This may include an error in the decision to perform surgery, bungling in the performance of the surgery itself, or non-compliance with an accepted safety protocol. When a surgeon acts in deviation from the accepted professional standard, and this causes harm, you have a legal right to claim full financial compensation.

In our work with tort claimants since 2008, we have seen many cases of surgical malpractice: errors in surgical technique, leaving foreign objects in the body, infection or failure to adhere to sterility guidelines, or even surgery on the wrong limb. All of these can lead to significant harm, chronic pain, loss of function, and even loss of work capacity.

Why Is It Important to Contact a Tort Attorney Immediately?

Cases of medical malpractice require in-depth legal investigation and medical review. Typically, it is necessary to obtain an independent medical opinion confirming the malpractice, and to prove the causal link between the malpractice and the harm. This is complex work requiring deep legal experience and connections with medical experts. Mandelbaum, Gur & Yitzhak-Gur Law Office has handled tort claims since 2008, and our professional legal review helps claimants obtain fair compensation.

Stages of Medical Malpractice Litigation — Surgical Negligence

1. Initial Review and Obtaining Medical Expert Opinion

In the first stage, we review your case file: medical records, surgical reports, medical history, and other documentation. We then contact an independent medical expert (often a professor or surgeon with many years of experience) to conduct a legal review of the negligence. The medical opinion is a critical legal document — it must confirm that the surgeon acted in deviation from accepted standards and that this caused damage.

2. Assessment of Damage Amount

After confirming negligence, we assess the amount of damages: bodily injury (pain, suffering, loss of function), future loss of earning capacity, medical and legal expenses, and psychological damages. This assessment is based on current court rulings and the specific facts of your case.

3. Negotiation with Insurance Companies

Most surgeons in Israel are insured with professional liability insurance. We contact the insurance company, present the medical opinion and damage documentation, and attempt to reach a settlement. In many cases, insurance companies prefer out-of-court settlement over public litigation, especially when evidence of negligence is strong.

4. Filing a Lawsuit in Court (If Settlement Not Reached)

If we do not reach a settlement, we file a lawsuit in the district court. At this stage, the complaint includes details of the allegations, medical opinion, medical and financial evidence, and damage calculations. Courts typically require an additional medical examination by a medical committee appointed by the court before judgment is rendered.

5. Medical Committee and Judgment

The court orders a government medical examination by a medical committee. The committee reviews the medical history, the alleged negligence, and the extent of damage. The committee's decision significantly impacts the judgment. Subsequently, the court renders a final decision regarding the judgment on the amount of compensation.

Types of Medical Malpractice in Surgery — Case Examples

Medical malpractice in surgery can manifest in many ways. Below are common examples in which claimants have won substantial compensation:

• Deviation in surgical technique: A surgeon who did not perform the operation in accordance with an accepted protocol, or who used a harmful technique, causing additional damage or surgical failure.
• Retention of foreign objects: Leaving a sponge, needle, gauze, or other instrument inside the patient's body — a critical error requiring additional surgery and affecting health.
• Infection and sterilization: Failure to adhere to sterilization procedures in the operating room, resulting in contamination, inflammation, or even life-threatening infections.
• Wrong-site surgery: Surgery performed on the wrong side of the body or limb — an error with very serious consequences.
• Inadequate monitoring: The surgeon or medical team failed to maintain proper monitoring of vital signs (heart rate, blood pressure, oxygen saturation) during surgery.
• Inappropriate surgical choice: A decision to perform high-risk surgery when more conservative treatment options were available, without sufficient medical justification.
• Failure to follow patient directives: The surgeon or hospital did not respect the patient's or family's prior medical directives (for example, known allergies to certain medications).

Importance of Medical Documentation

In medical malpractice claims, medical documentation is a vital source of evidence. Surgical reports, medical instructions before and on the day of surgery, vital monitoring reports, and documentation of anesthesia — all serve as evidence in the claim. If the documentation is weak or lacks details, it may make proving malpractice more difficult, but it may also indicate lack of professionalism on the part of the medical team.

Compensation Ranges in Medical Malpractice Claims for Surgery

The amount of compensation in medical malpractice claims depends on the type and severity of the damage. Generally, compensation includes three main categories:

It is important to emphasize: each case is examined individually. The compensation amount depends on the specific details of the case — the patient's age, health status before surgery, nature of the injury, ability to prove negligence, and more. Generally, Israeli courts are guided by current case law and comparison with similar cases.

Why Choose Mendelboyum, Gor, Witzman-Gor & Co. in Tort Law?

Mendelboyum, Gor, Witzman-Gor & Co. is a boutique family law firm specializing in tort law since 2008. Our representation is dedicated exclusively to plaintiffs — this means we do not represent surgeons, hospitals, or insurance companies. Our approach is personal and committed: we handle each case as if it were our own family's.

In medical negligence claims arising from surgical procedures, we bring deep experience in litigation procedures, relationships with leading medical experts in Israel, and understanding of the judicial approach applied in this field. We obtain strong medical opinions, negotiate skillfully with insurance companies, and if necessary — we represent you in court with professionalism and personal attention.

In Ramat Gan, Mendelboyum Law Firm is located at Donesh 1, a convenient location for residents of Ramat Gan, Givatayim, Ramat HaSharon, Holon, Bat Yam, and surrounding areas. A first consultation at no cost — we want to hear your story, understand your situation, and give you an honest answer about the prospects of your claim.