Medical Malpractice Claim — Wrong Medication Administered in Ramat Gan

What is Medical Negligence in Incorrect Medication Administration?

Medical negligence in administering incorrect medication or incorrect dosage occurs when a medical professional—a physician, nurse, pharmacist, or medication handling staff member—makes an error in identifying the medication, dosage, method of administration, or in communicating critical information regarding allergies and other medications. The harm resulting from such an error may be minor, moderate, or severe—ranging from side effects to hospitalization, medical complications, or even death.

For such a claim to have a legal basis, it must be proven that the medical professional had a legal duty to exercise care, that they breached that duty, and that this breach directly caused the harm. This is the definition of negligence under Israeli tort law.

Types of Medication Administration Errors

• Medication identification error: Administering a different medication than the one intended to be given.
• Dosage error: Administering an incorrect quantity of the correct medication, typically either higher or lower than the prescribed dosage.
• Route of administration error: Administering the medication via an incorrect route (for example, orally instead of intravenously).
• Timing error: Administering the medication at the wrong time or at incorrect intervals, resulting in ineffectiveness or harm.
• Failure to review medical history: Failure to inquire about allergies, other medications, or existing medical conditions that should have prevented administration.
• Failure to update records: Failure to review the patient's file or obtain new information that should have influenced the treatment decision.

Each of these scenarios may form the basis for a medical negligence claim if harm is proven and a causal link is established.

Damages Resulting from Medication Administration Errors

Damages arising from medication administration errors can be varied and have long-term consequences. Some are medical and direct, while others are financial or psychological.

Medical and Physical Damages

• Severe allergic reactions: Administering a medication to a person with a known allergy can cause a severe reaction, including anaphylaxis, which can be fatal.
• Medical complications: An error in dosage or medication can cause severe damage to the liver, kidneys, heart, or nervous system.
• Emergency hospitalization: Many victims of such errors require emergency hospitalization due to complications.
• Temporary or permanent loss of work capacity: Depending on the severity of the injury, the patient may be unable to work for an extended period or may have reduced work capacity.
• Partial or complete disability: In more severe injuries, the victim may be left with permanent disability and a need for continuous medical treatment.

Financial Damages

• Additional medical expenses: Emergency treatment, hospitalization, diagnostic tests, and advanced treatment can be very costly.
• Rehabilitation expenses: Physical therapy, new medication treatment, or home modifications for new disabilities.
• Loss of income: Inability to work or reduced wages as a result of the injury.

Psychological and Planning Damages

• Stress and anxiety: Knowing that a medical error caused harm can create prolonged psychological trauma.
• Loss of trust in the healthcare system: The victim may become apprehensive about future medical treatment.
• Impact on quality of life: Chronic complications or disability can affect the ability to enjoy life and maintain independence.

In a medical malpractice claim, each of these damages can serve as a basis for a compensation lawsuit. Our firm specializes in comprehensive damage assessment and aggressive representation of the injured party against medical insurance or in direct liability claims against the physician or medical institution.

Burden of Proof in Medical Malpractice Claims

To prevail in a claim for medical malpractice resulting from a medication administration error, several legal elements must be proven in the proper order. This process requires careful gathering of evidence, review of medical records, and typically expert opinions from medical experts.

Stages of Proof

• Proving the existence of a legal duty: It must be demonstrated that the healthcare professional or medical institution had a legal duty to exercise reasonable care in administering medications. This is a fundamental duty that almost always exists in the relationship between a physician and patient.
• Proving breach of duty: It must be shown that the physician or healthcare professional breached this duty. This may be an error in dosage, medication identification, or failure to update critical information. Often, this proof relies on expert medical opinion confirming that the error deviated from the standard of care of a reasonable physician under similar circumstances.
• Proving actual damages: It must be demonstrated that actual damages were sustained by the injured party. This may include medical examinations, medical records, medical testimony, or documentation from the hospital or clinic.
• Proving causation: It must be established that the medication administration error was the direct cause of the damages. This is often the most challenging aspect of a claim, as the patient may have had pre-existing medical conditions or other factors may have contributed to the harm. A medical expert can assist in proving this element.

Role of the Medical Expert

In medical malpractice claims, expert medical opinion is almost always essential. Typically, your attorney will engage a medical expert in the relevant specialty (for example, a family physician, emergency medicine physician, or pharmacologist) who will review the medical records and provide an opinion on whether the error deviated from the accepted standard of medical care. This opinion serves as strong evidence before the tribunal.

Completing the File

Before filing a claim, all medical records must be gathered, including hospital documentation, treatment records, test results, medications administered, and any other relevant documents. In some cases, additional examinations or expert information may be necessary to strengthen the claim.

Compensation Ranges in Medical Malpractice Claims

Compensation in medical malpractice claims varies according to the severity of harm, the duration of the victim's suffering, the impact on quality of life, and loss of income. Generally, Israeli courts divide compensation into two main categories: economic damages (such as medical expenses and loss of income) and non-economic damages (such as pain and suffering).

Factors Affecting the Amount of Compensation

• Severity of harm: Minor damages (such as temporary side effects) result in lower compensation than serious damages (such as permanent disability or death).
• Duration of suffering: Prolonged or chronic damages result in higher compensation than one-time injuries.
• Age of the victim: A younger victim may receive higher compensation due to many years of future suffering and limited life opportunities.
• Extent of income loss: If the victim suffered substantial income loss due to inability to work, compensation may be significantly higher.
• Degree of negligence: If it is proven that the error was gross or exhibited gross negligence, the court may award higher compensation.

To obtain a more accurate assessment of compensation in your claim, you should consult with an attorney specializing in medical malpractice claims. Our firm evaluates all aspects of your claim and ensures you receive the full compensation you are entitled to.

Why Choose a Lawyer with Experience in Medical Malpractice Claims?

Medical malpractice claims are complex and require a deep understanding of tort law, medicine, and court procedures. An attorney who does not specialize in this field may miss critical details or fail to fully evaluate the extent of your damages.

Our firm, Mandelbaum, Gor, Wittsman-Gor and Co., specializes in representing plaintiffs in tort claims, including medical malpractice, since 2008. We have extensive experience working with medical experts, negotiating with insurance companies, and litigating claims in courts. We understand the rigor of medical claims and know how to build a strong case for you.

Advantages of Our Representation

• Years of Experience: More than 18 years of experience representing plaintiffs in tort claims.
• Personal and Dedicated Service: We handle each case personally and with dedication, not as a "case number."
• Network of Experts: We have connections with medical experts in various fields who can strengthen your claim.
• Effective Negotiation: We negotiate forcefully with insurance companies and medical institutions to achieve a fair settlement.
• Free Initial Consultation: We offer a free consultation so you can understand your options without commitment.

If you or a loved one have suffered from medical malpractice in pharmaceutical administration in Ramat Gan or the surrounding area, we are here to help you receive the compensation you deserve.