Medical Malpractice

in Israel

the basic you should know


Medical Negligence in a surgery is easier to prove if the operatoin is a non-life-saving surgeries, and can be prepared at an appropriate time. Therefore, the duty of disclosure of risks is very broad and includes rare risks.

Therefore, even without proving negligence, unless material information is provided, the claim will be accepted. Some or all of it. If we prove that the patient would not have gone into surgery if what had to be explained was explained, the claim would be fully accepted. Of course, if the doctor is negligent in performing the surgery, the method of surgery, or adjusting the type of surgery, then the claim will be fully accepted regardless of what explained.

Incorrect diagnosis

Incorrect diagnosing illness has fed a fair number of claims in which the claim usually claims to be thought by the doctors in one direction, and the defense generally argues for wisdom in retrospect.

Each emergency room issue has a medical diagnostic rubric that the physician should be fill out and is titled “Distinctive Diagnosis”. This rubric is intended to prevent a misdiagnosis of a disease. Doctors are not careful to fill it and this is the first way to prove negligence in diagnosing illness. Negligence in diagnosing critical illness according to its severity. “Missing” heart attack or a tumor would indicate higher negligence because it was a critical illness.

A false diagnosis does not automatically indicate negligence. But not if the illness is ongoing and the fixation persists. Doctors are allowed to make a wrong diagnosis, but if the treatment does not match what was expected from the wrong initial diagnosis and later, after the doctors saw (or when they had to see) that the treatment was unsuccessful, then even a differentiated diagnosis was made, the way to prove the claim was paved.

In the case of Yaffe Peled, the israeli court ruled that in order for doctors to arrive at the end of the examination procedure for a proper medical treatment decision, it is necessary to make a list of possible diseases and discuss the possibility of each of the diseases listed.  


Negligence in diagnosing cancer has entered a considerable number of medical malpractice claims. It is not enough to prove that the diagnosis is late and two critical questions need to be answered:

A. Has the delay in diagnosis worsened the damage, or contributed to the deterioration?
B. Did the delay cause a life expectancy or disability or changed the nature of the treatment or the number of screenings?

Cancer that only emerges in stage 4, which in the meantime has metastasized through the bloodstream, is a first warning for the existence of malpractice. If the tumor is rare The hospital will argue that the claim of negligence is in hindsight but the ruling states that if doctors disagree they should update The patient so he can investigate and find out for himself, maybe even contact a doctor overseas.

The amounts vary from case to case. Of course the most important variable is age. The younger the patient the higher the life expectancy. Beyond that will depend on the recovery, the aggressiveness of the treatment, the shortening of life expectancy or remaining medical disability and the ability to return to work. 

Birth and pregnancy malpractice – cerebral palsy cases

Malpractice around birth arises first question: whether the injury (brain or other) does not relate to the hospital like birth defect or premature complications or is it typical damage to negligence such as being late in entering a cesarean surgery.

Shoulder incarceration is recognized in a fetus with a large weight (usually in gestational diabetes) and in mild conditions a shoulder fracture is caused. In severe situations, ERB paralysis is caused.