Medical Malpractice: How to File a Claim and Get Compensation

The Essence

If you have suffered physical or psychological harm as a result of improper or negligent medical treatment, you may be entitled to monetary compensation. This process is known as a medical malpractice claim. The state, through the Ministry of Justice, provides free legal aid for handling such cases if you meet specific criteria.

Who is Eligible?

Eligibility to file a claim and receive legal aid depends on several factors.

To file a malpractice claim:

• Any individual who has sustained demonstrable physical or psychological damage as a result of a medical procedure.
• A direct causal link between the actions of the medical staff and the resulting harm must be proven.
• The damages must be significant enough to justify legal proceedings.

To receive free legal aid from the Ministry of Justice:

• Your chances of success in court must be assessed by the ministry's lawyers as high.
• Your income and the value of your assets must not exceed the limits established by law. These criteria are regularly updated.

Your Rights

In the event of a successful court case, the amount of compensation is determined on an individual basis and may include:

• Reimbursement for medical expenses: Payment for treatment, medication, rehabilitation, and future procedures.
• Compensation for loss of income: Coverage for wages you were unable to earn due to the injury, including future losses.
• Compensation for pain and suffering: Payment for physical pain, emotional distress, and diminished quality of life.
• Coverage for assistance costs: If you require third-party assistance or in-home care.

Step-by-Step Guide

1. Gather all medical documents. This is the most critical first step. You will need all discharge summaries, test results, imaging scans, and physician's reports related to your case.
2. Obtain an expert opinion. Find an independent medical specialist in the relevant field who can analyze your documents and provide a written opinion on the existence of a medical error. Filing a claim is virtually impossible without this document.
3. Apply for legal aid. Contact the Legal Aid Department of the Ministry of Justice (Siyua Mishpati) to verify your eligibility for free representation. Prepare your income documents.
4. Submit the application. If you meet the criteria, file an official application for legal aid, attaching all medical documents and the expert opinion.
5. Await the decision. The ministry's lawyers will review your case and decide whether to provide assistance. This process can take several months.
6. Filing the claim in court. If aid is approved, your appointed lawyer will prepare and file a claim in court on your behalf.

List of Documents

• Identity card (Teudat Zehut).
• All medical records pertaining to the case (hospital discharge summaries, physician's reports, test results).
• Written expert opinion from a medical specialist confirming negligence.
• Receipts and invoices confirming expenses for treatment, medication, transportation, etc.
• Documents confirming loss of income (pay stubs, "tlush maskoret").
• Documents regarding income and financial status (for the application for free legal aid).

Key Considerations

• Statute of limitations: A medical malpractice claim must be filed within 7 years from the date of the incident or from the moment you became aware of the harm caused. For minors, the statute of limitations begins to run from the age of 18.
• Burden of proof: It is you (the plaintiff) who must prove to the court that the physician acted negligently and that this negligence specifically caused your harm. This is a complex process.
• The expert opinion is the key to success. Without a strong and convincing opinion from a reputable specialist, the chances of winning the case are extremely low.
• The process is long and expensive. Legal proceedings in such cases can last for years. Receiving free legal aid is a significant advantage.

Contacts and Links

Current information regarding criteria, branch locations, and application forms for legal aid should be sought on the official website of the Ministry of Justice (Misrad HaMishpatim) in the "Siyua Mishpati" (סיוע משפטי) section.

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