Medical Malpractice
Compensation & What You Need to Prove
By Adv. Liron Yitzhak Elmaliach | Updated: 2026 | Reading time: approx. 7 minutes
Medical malpractice (Rashlanus Refuit) claims in Israel arise when a medical professional or institution fails to meet the accepted standard of care, causing harm to a patient. These cases are among the most complex in civil litigation — they require medical expertise, extensive documentation, and experienced legal representation.
This article explains what constitutes malpractice, what you need to prove, and what compensation may be available.
What Constitutes Medical Malpractice
Common scenarios that may constitute malpractice:
- Delayed or incorrect diagnosis that resulted in worsened condition
- Surgical errors — operating on the wrong site, leaving objects inside a patient, nerve damage
- Medication errors — wrong medication, wrong dosage, failure to check for contraindications
- Failure to obtain informed consent before a procedure
- Negligent monitoring during or after a procedure
- Birth injuries — negligent management of labour and delivery
- Premature discharge from hospital
The 4 Elements of a Malpractice Claim
To succeed in a medical malpractice claim, you must establish all four of the following:
The medical professional owed you a duty of care — established simply by the existence of a doctor-patient (or institution-patient) relationship.
The medical professional deviated from the accepted standard of care — what a reasonably competent professional in their field would have done in similar circumstances. This requires expert medical testimony.
The breach caused your harm. This is often the most contested element — defendants argue the harm would have occurred anyway. Expert evidence is essential.
You suffered quantifiable harm — physical, psychological, financial. Without measurable damage, there is no claim.
Types of Compensation
In severe cases — significant disability, loss of earning capacity — total compensation can reach millions of shekels. The amount is based on objective calculation, not estimates.
Believe you were a victim of medical malpractice?
Free initial consultation — we will assess your case and advise on the prospects of a claim. Most cases are handled on a success-fee basis.