Medication Error Guide — Victim's Rights and Compensation Claims

What is Medical Negligence in Medication Errors?

Medical negligence in the field of medications is a significant deviation from reasonable and accepted medical treatment, caused by carelessness, inaccuracy, or negligence by a medical team (doctor, nurse, pharmacist, or medical institution). A medication error — whether it involves the wrong drug, incorrect dosage, improper administration route, or failure to check drug interactions — can lead to serious bodily injuries, suffering, loss of work capacity, and changed quality of life.

In Israel, every patient harmed by medical negligence is entitled to file a compensation claim against the doctor, hospital, or medical institution that made the error. Compensation includes damages for bodily injury, pain, suffering, loss of income, additional treatment costs, and future annuity in accordance with National Insurance regulations.

Types of Medication Errors — When Does It Constitute Negligence?

Not every medication error constitutes legal negligence. To prove medical negligence, you must demonstrate that the medical team deviated from accepted and reasonable treatment. Below are common types of errors:

• Wrong medication: Administering a drug that should not have been given to this patient due to another medical condition, known allergy, or clear medical incompatibility.
• Incorrect dosage: Administering too high a dose (overdose) or too low a dose, which caused harm or treatment failure.
• Incorrect administration route: A medication that should have been administered one way (e.g., orally) was administered another way (e.g., intravenously), causing harm.
• Failure to check drug interactions: Failure to check other medications the patient is already taking, creating a dangerous interaction.
• Failure to check medical history: Failure to inquire about prior illnesses, allergies, or negative drug reactions in the past.
• Administration of expired medication: A medication whose expiration date has passed or that was stored under improper conditions.
• Failure to monitor: Failure to check for side effects or failure to monitor body response during drug treatment.

Any of these errors can be considered legal negligence, provided a direct causal connection is proven between the error and the harm caused.

How Do You Prove Medical Negligence in Medication Errors?

Proving medical negligence requires three main elements, each of which must be proven with a high degree of certainty:

1. Duty of Reasonable Medical Care

You must prove that the medical team had a duty to provide certain reasonable treatment. This is typically done through established treatment protocols in Israel, guidelines from the Ministry of Health, hospital guidelines, and expert medical opinions in the relevant field.

2. Deviation from Accepted Treatment

You must prove that the medical team deviated from accepted and reasonable treatment. This is done with the help of expert testimony from a doctor with experience in the field (for example, a doctor specializing in pharmacology or drug treatment), who will confirm that the error is a clear deviation from the accepted standard.

3. Direct Causal Connection Between Error and Harm

You must prove that the medication error directly caused the harm sustained. This must be proven using medical evidence, tests, medical records, and medical expert opinion. If the harm would have occurred in any case, even without the error, it will be difficult to prove the causal connection.

In a lawsuit, your role as claimants is to present documented evidence (test reports, medical records, images) and expert opinions from independent medical professionals who will verify the negligence. Our firm assists in obtaining credible expert medical opinions, analyzing medical records, and building a strong compensation case.

Comparative Table — Types of Damages and Typical Compensation Amounts

In medication error compensation claims, the court calculates compensation based on different categories of damages. Below is a table showing typical compensation amounts in various scenarios (note: each case is examined individually, and these amounts are averages only):

It is important to emphasize: these amounts are estimates only, and the court determines the final amount based on the specific facts of the case, severity of damage, patient's age, prior health condition, and future treatment plans.

What to Do If You Suspect a Medication Error?

If you suspect you have been harmed by a medication error, there are clear steps you should take to protect your rights:

1. Request a Medical Report from the Hospital or Physician

Every patient is entitled to receive a complete copy of their medical records. Send a written request to the hospital or medical institution and request all records, test results, medication list, and treatment documentation. This is your legal right.

2. Preserve All Evidence — Tests, Medications, and Receipts

If you have undergone additional tests due to the error, have receipts for medications or additional treatments, keep them carefully. All of this will be part of the evidence in the claim.

3. Contact a Medical Malpractice Attorney

Not every attorney specializes in medical malpractice claims. It is important to contact a law firm with experience in medication error claims, knowledge of tort law, and relationships with independent medical experts. Our firm, Mandelbaum, Gor, Witzman-Gor and Co., has been handling tort claims since 2008 and has extensive experience in medical malpractice claims.

4. Do Not Sign Any Settlement or Waiver Without Legal Counsel

If the hospital or insurance company offers you a settlement or waiver, do not sign until an attorney has reviewed it. Often, quick settlements do not reflect the true value of the claim.

What is the Medical Appeals Committee?

Before filing a claim in court, entitled parties may submit a request to a medical appeals committee. This is a committee composed of independent physicians who review the case and determine whether medical malpractice indeed occurred. The committee's decision is not legally binding, but it carries weight in legal proceedings and may help with settlement.

The committee reviews all medical documentation, hears both sides (the patient and the medical team), and determines whether malpractice exists. If the committee agrees that malpractice occurred, it significantly strengthens the claimant's position in a settlement or claim.

What is the National Insurance Medical Committee?

If you have been harmed by a medication error and there is a connection to a work accident or occupational disease, you may be entitled to compensation from the National Insurance. The National Insurance handles such claims through its own medical committee, which determines the disability percentage and the monthly disability allowance you will receive.

The National Insurance medical committee examines your current medical condition, compares it to prior medical records, and determines whether there is permanent disability and its percentage. If you disagree with the decision, you have the right to appeal before an appeals committee.

Why Choose a Personal Injury Law Specialist?

A medical malpractice claim is complex and requires deep knowledge of both tort law and medical matters. A general practitioner attorney may not necessarily have experience with medication errors, obtaining independent medical opinions, or assessing medical damages. A specialized legal firm will be able to:

• Quickly assess whether you have a strong and viable claim
• Locate and obtain independent medical expert opinions efficiently
• Negotiate with medical liability insurers, as they have experience with similar settlements
• Accurately calculate the compensation amount you are entitled to, in accordance with current case law
• Represent you in court, if necessary, with deep knowledge of the legal process