Compensation<\/strong><\/h4>\n

Although court rulings have established rules for calculating compensation in this type of lawsuit, it is difficult to know in advance what the amount of compensation will be, because many factors may affect it.<\/p>\n

Usually, the victim is compensated for the physical damage and the psychological damage caused to them, including the future expenses that they will incur because of the damage, the damage to their functioning, their earning capacity and their life expectancy.<\/p>\n

Usually, expert opinions are required in order to prove the level of damage caused.<\/p>\n

Expert opinions as a basis for a malpractice claim:<\/strong><\/h4>\n

In most cases, in order to prove the damage and the causal link between the damage and the negligent act, it is required to obtain an opinion from an expert in the same field of medicine in which the event of malpractice took place. However, in exceptional cases the court may take into consideration the fact that the victim could not obtain an expert’s opinion and exempt them from this requirement.<\/p>\n

Usually the plaintiff chooses the expert they prefer to examine them. However, the court is authorized appoint an expert on its behalf (Articles 127 and 130 of the Civil Procedure Regulations, 1984) who will give their professional opinion to the court.<\/p>\n

When choosing a specialist physician, you should take into account, among other things, their level of professionalism, their experience and even their reputation as an expert among court judges.<\/p>\n

Statute of limitations<\/strong><\/h4>\n

In most cases, the right to sue for medical malpractice expires 7 years after the time the damage from the malpractice occurred. However, there are exceptions to this rule that determine a different statute of limitations.<\/p>\n

Some of the common exceptions:<\/u><\/p>\n

A victim who was a minor at the time of the medical treatment that caused the damage, except for cases where the malpractice caused the death of the minor. The statute of limitations will begin on the day the victim turns 18, and not on the day the damage occurred.<\/p>\n

Another exception applies to a situation where the facts constituting the cause of the lawsuit were revealed to the victim only after the time of the incident. That is, the damage done was only discovered some time after the treatment took place. In this situation, the statute of limitations will begin from the date when the injured party became aware of the damage and not from the date of its occurrence.<\/p>\n

In case of suspicion of medical damage as a result of malpractice:<\/strong><\/h4>\n

\n
1. Collect all<\/strong> relevant medical records. Sections 18 and 21 of the law state that a patient has the right to receive the medical information regarding their case (usually entailing a fee) and to file a complaint with an inspection committee. The role of this committee is to examine the provision of medical care in their case and the level of malpractice.<\/li>\n
2. Consult with a lawyer who specializes in the field to assess whether there is indeed a cause for suing and what the next steps are.\n
   \n
   • This article does not constitute an alternative to legal or medical advice for injury or damage caused by medical malpractice.<\/li>\n<\/ul>\n<\/li>\n<\/ol>\n

     Contact a lawyer who specializes in compensation law in the medical malpractice field<\/strong><\/h4>\n

     Our law firm specializes in the field of civil law. If you have been injured as a result of medical malpractice or are entitled to compensation for another reason, we would be glad to help. Contact us to schedule a consultation with a lawyer in Tel Aviv or Jerusalem.<\/p>\n

     [author_and_contact_info]<\/p>\n

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     <\/div>\n<\/div>\n

     <\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

     In this article we provide a broad overview of the problematic legal situation and the options facing victims of medical malpractice. What is a medical malpractice claim? A medical malpractice claim is a claim that is filed in response to damage caused by the negligence of a medical practitioner. According to section 35 of the…<\/p>\n","protected":false},"author":123,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[511],"tags":[],"class_list":["post-82626","post","type-post","status-publish","format-standard","hentry","category-damages-en"],"acf":[],"yoast_head":"\n