When to File a Medical Malpractice Claim? The Complete Guide to Making the Right Decision

November 19, 2025

The decision to file a medical malpractice claim is one of the most complex and significant decisions a patient can make. It is a long, complicated process that is emotionally and financially challenging. Not every case of medical harm justifies filing a claim, and it is not always worthwhile to initiate legal proceedings even when there are grounds for it.

In this article, we will explain when it is worthwhile to file a medical malpractice claim, when it is better to refrain, what the legal limitations are, and how to make the right decision for you.

When Is It Worthwhile to File a Medical Malpractice Claim?

The Basic Legal Criteria

For a medical malpractice claim to be legally legitimate, four cumulative conditions must be met:

1. A Doctor-Patient Relationship Exists

A duty of care exists when there is a doctor-patient relationship. This includes not only the treating physician but also the hospital, clinic, nurses, and the entire medical staff.

2. There Was a Breach of the Duty of Care

The medical team acted in a manner inconsistent with the accepted professional standard. In other words, a reasonable and skilled physician in the same field would not have acted the same way under the same circumstances.

3. Actual Harm Was Caused

The patient suffered physical, mental, or economic harm as a result of the treatment. Harm can include: deterioration of health condition, disability, pain and suffering, loss of earning capacity, or even death.

4. Causation Exists

There is a direct connection between the negligence and the harm caused. In other words, the harm would not have occurred (or at least not with the same severity) if not for the negligence.

When Is It Worthwhile to File? - Practical Considerations

Beyond the legal conditions, there are important practical considerations to take into account:

1. Severity of the Harm

It is worthwhile to file when:

Permanent or significant disability was caused
There is prolonged pain and suffering (over 6 months)
Ongoing and expensive medical treatments are required
Earning capacity was significantly impaired
Long-term rehabilitation is needed
Severe psychological harm was caused (trauma, depression, anxiety)

Example: A patient underwent spinal surgery. Due to negligence during the surgery, a nerve was damaged, leaving the patient with permanent leg weakness, chronic pain, and a 50% reduction in ability to work. This is certainly a case that justifies filing a claim.

It is not worthwhile to file when:

The harm is mild or temporary
The patient fully recovered within a short time
There is no real impact on quality of life
Medical costs were minimal

Example: A patient received a vaccination in the wrong arm (requested in the right hand but received it in the left). Although this is an error, if no actual harm was caused - the claim will probably not succeed and it is not worthwhile to file.

2. Evidence and Chances of Success

It is worthwhile to file when:

There is clear medical documentation supporting the claims
A medical expert has provided an opinion that there was negligence
There are witnesses (family members, other medical staff)
The negligence is clear and gross (for example: surgery on the wrong organ)
There is documentation of complaints or warnings that were ignored

Example: A patient complained for weeks about severe abdominal pain. The family doctor sent her home several times with painkillers, without referring for tests. Eventually, she was diagnosed with a ruptured appendix that led to a serious infection. There is clear documentation of repeated visits and ignoring warning signs - chances of success are high.

It is not worthwhile to file when:

There is no strong evidence of negligence
Experts refuse to provide a supporting opinion
The complication that occurred is known and expected
There is insufficient medical documentation
The documentation contradicts your claims

3. The Economic Consideration

A medical malpractice claim is expensive. Although most lawyers work on a "percentage of the compensation" basis (No Win - No Fee), there are additional costs:

Typical costs:

Expert opinions: 5,000-20,000 shekels per expert (sometimes 2-3 experts are needed)
Court fees: hundreds to approximately 1,500 shekels (depending on the court where the claim is filed)
Additional expenses: translations, copies, travel for collecting medical records. Payment to medical experts for testimony in court

It is worthwhile to file when:

The expected compensation is significantly higher than the costs
There is potential for compensation of hundreds of thousands of shekels or more
The economic harm is significant (long-term loss of earnings)

It is not worthwhile to file when:

The expected compensation is low (below 50,000 shekels)
The costs may exceed the return
Your financial situation does not allow waiting years for a result

Rule of thumb: If the expected compensation is less than 100,000 shekels, carefully consider whether it is worthwhile for you to file. If we are talking about hundreds of thousands of shekels or more - the claim is more economically worthwhile.

4. The Emotional and Mental Consideration

A medical malpractice claim is emotionally exhausting:

The process takes 3-5 years on average
There is a need to relive the traumatic event again and again
Cross-examinations can be difficult
There is no certainty about the outcome

It is worthwhile to file when:

You are mentally prepared for a long process
You have a support system (family, friends, psychological treatment)
You feel a need for justice and closure
The goal is not just money but also preventing future negligence

It is not worthwhile to file when:

You are in a fragile mental state
The claim will cause additional trauma
You do not have the mental strength to cope with a long process
You need quick "closure"

Important to remember: Sometimes giving up on a claim is the healthier decision mentally, even if there are legal grounds.

5. The Purpose Behind the Claim

Good reasons for filing a claim:

Receiving fair compensation for the harm caused
Covering future medical expenses
Compensation for loss of earnings
Preventing similar negligence in the future
Changing procedures at the hospital
A sense of justice

Less good reasons:

Revenge against the doctor
Anger and frustration alone (without actual harm)
Expectation of sudden wealth (compensation in Israel is relatively low)

Statute of Limitations - The Time Limit for Filing a Claim

One of the most important considerations is the statute of limitations period - the time you have to file the claim.

Statute of Limitations Rules in Israel

The basic rule: 7 years

According to the Statute of Limitations Law, you have 7 years to file a medical malpractice claim from the day of discovering the harm. When it comes to minors, the statute of limitations for their claim is 7 years from the day they reach age 18.

When Does the Clock Start Ticking?

This is the most complex question. The clock starts ticking not from the day of the event itself, but from the day of discovery of the harm - that is, the day you knew or should have reasonably known that you suffered harm due to medical negligence.

Different scenarios:

Scenario 1: Immediate Discovery

The harm was clear immediately after the event.

Example: During surgery on the right knee, the doctor made a mistake and operated on the left knee. The error is discovered immediately in the recovery room. The count begins from the day of surgery.

Scenario 2: Late Discovery

The harm is discovered only long after the treatment.

Example: During abdominal surgery, the doctor left a surgical stitch inside the body. The patient feels pain but does not know the cause. 3 years later, in a random X-ray, the stitch is discovered. The count begins from the day of discovery - not from the day of surgery, but in any case will not exceed 10 years from the day of the event.

Scenario 3: Gradual Discovery

The harm develops gradually and it takes time to understand that its source is negligence.

Example: A doctor did not diagnose cancer at an early stage. The disease progresses. Two years later it becomes clear that the doctor missed clear signs in tests. The count will begin from the moment it was reasonable to discover the negligence - not necessarily from the day of final diagnosis.

Special Cases in Statute of Limitations

Minors (under age 18)

Special rule: For minors, the statute of limitations period begins only when they reach age 18.

Example: A baby was injured at birth due to negligence. Even if this happened in 2010, they can file a claim until 2035 (when they reach age 25 - 7 years after age 18).

Important: Parents can file a claim on behalf of the minor before they reach age 18, and this is generally recommended.

Legal Incapacity

People who are not legally competent (for example, due to mental illness or intellectual disability) - the statute of limitations period may be suspended.

Concealment of Information

If the hospital or doctor intentionally concealed information about the negligence, the court may extend the statute of limitations period.

What Happens if the Statute of Limitations Has Passed?

If 7 years have passed since the discovery of the harm:

Generally: The claim will be dismissed at the threshold
In rare cases: It is possible to argue that the discovery of the harm was later (must be proven!)
Another option: Sometimes it is possible to argue that "the clock" did not start ticking because there was no reasonable way to know about the negligence

Therefore - do not wait! If you suspect medical negligence, contact a lawyer as early as possible.

The Decision-Making Process - Step by Step

If you are considering filing a claim, here is a recommended process:

Step 1: Initial Information Gathering (1-2 weeks)

Document everything:

Write a detailed timeline of everything that happened
Keep every medical document
Photograph wounds, injuries, and damages
Document every medical expense

Obtain the complete medical file:

Contact the hospital/clinic
Use an official form (it is your right to receive!)
Make sure you receive everything - not just summaries

Step 2: Consultation with a Lawyer (Initial Consultation)

Most lawyers offer free initial consultation!

At the first meeting:

Bring all the documents you collected
Tell the story chronologically and clearly
Ask about chances of success
Ask about expected costs
Ask about the duration
Check the lawyer's experience in the field

Important questions to ask:

In your opinion, is there medical negligence here?
What are the chances of success in percentages?
How long is the process expected to take?
What are the costs involved?
How do you work - percentages or fixed fee?
How many similar claims have you handled and how many succeeded?
What is the expected compensation?
Is an expert opinion needed? Who will fund it?

Step 3: Obtaining a Medical Opinion (if required)

If the lawyer thinks there is a case, they will send you to a medical expert for an opinion.

What a good opinion includes:

Review of the complete medical file
Explanation of whether there was negligence
Explanation of the connection between the negligence and the harm
Assessment of the severity of the harm
Prognosis (future forecast)

Cost: 15,000-40,000 shekels usually

Who pays? Depends on the agreement with the lawyer:

Sometimes the patient pays in advance
Sometimes the lawyer funds and reimburses themselves from the compensation
Sometimes there is legal insurance that covers it

Step 4: Making the Final Decision

Ask yourself:

Is the harm significant enough?
Are the chances of success reasonable (above 40%)?
Am I mentally prepared for a process of years?
Do I have sufficient support?
Is the expected compensation worth the effort?
Do I trust the lawyer?

If the answer to most questions is "yes" - it is worthwhile to file.

If there are many "no's" - reconsider, or seek a second opinion.

Alternatives to Filing a Claim

Sometimes there are other ways to deal with medical negligence:

1. Complaint to the Ministry of Health

When appropriate: When you want to prevent future negligence, not necessarily receive compensation
Possible outcome: Investigation, reprimand to the doctor, change of procedures
No financial compensation

2. Complaint to the Medical Association

When appropriate: Serious negligence or unethical behavior
Possible outcome: Professional discipline, license suspension
No financial compensation

3. Mediation - After Filing a Claim

When appropriate: When both sides are interested in a quick solution
Advantages: Fast, less expensive, less emotionally burdensome
Disadvantages: Does not always succeed, requires cooperation

4. Appeal to the Ombudsman (Public Complaints Commissioner)

When appropriate: When there is a systemic problem or lack of response from official bodies
Usually no financial compensation

Special Cases

Claim Against Health Fund vs Private Hospital

Health funds: Insured by Israeli insurance companies
Government hospitals: Claim against the state - hospitals are insured by the government insurance company "Inbal"
Private hospitals: Insured by Israeli and sometimes foreign insurance companies

Claim Against a Private Doctor

Check: Whether the doctor has professional liability insurance (most doctors are insured)
If there is no insurance: More difficult to collect the compensation

Common Mistakes People Make

Mistake 1: Waiting Too Long

Some patients wait years before contacting a lawyer. This can lead to the statute of limitations expiring or loss of evidence.

Mistake 2: Not Keeping Documents

Many throw away receipts, discharge letters, test results. These are crucial evidence!

Mistake 3: Unrealistic Expectations

Compensation in Israel is relatively low compared to other countries. Do not expect millions if the harm is moderate.

Mistake 4: Focusing on Revenge

A successful claim is based on facts and emotion, not on anger. A claim made purely out of revenge will not succeed.

Mistake 5: Not Cooperating with the Lawyer

Not showing up to meetings, not answering phones, not providing documents - this weakens the claim.

Mistake 6: Talking About the Claim on Social Media

Everything you write can be used against you! Do not publish about the case on Facebook/Instagram and do not discuss it with anyone.

Mistake 7: Choosing an Unsuitable Lawyer

Not every lawyer specializes in medical malpractice. Look for an expert in the field!

Summary - Decision Checklist

Is it worthwhile for you to file a medical malpractice claim? Go through the checklist:

It is worthwhile to file if:

Significant and prolonged harm was caused
There is clear evidence and documentation
An experienced lawyer says there are good chances of success (above 40%)
The expected compensation is significantly higher than the costs
You are mentally prepared for a long process
The statute of limitations has not passed (7 years)
You have a support system
The goal is justice and fair compensation, not revenge

Do not file if:

The harm is mild or temporary
There is insufficient evidence
Every expert you approached said there was no negligence
The expected compensation is very low (below 50,000 shekels)
You are in a fragile mental state
The statute of limitations has passed
The only goal is revenge

Frequently Asked Questions

How much time do I have to file a claim?

7 years from the day of discovering the harm. For minors - up to 7 years after age 18.

Can I file a claim even if the doctor apologized?

Yes. An apology does not prevent a claim, however it also does not constitute an admission of negligence.

What if I am not sure there was negligence?

Consult with a lawyer. The initial consultation is usually free and will help you understand.

Can I file a claim if I signed a waiver?

It depends on what is written in the waiver.

How much does it cost to file a claim?

Most lawyers work at 20-25% of the compensation (if you win). In addition, there are expert opinions (15,000-40,000 shekels) and fees.

Do I have to have a lawyer?

Formally no, but it is very much not recommended to file on your own. Medical malpractice claims are very complex.

What if the doctor worked abroad or left the country?

You can still file a claim. The hospital/clinic can be liable even if the doctor is not in the country.

Is the proceeding confidential?

No. Trials are public. But in personal injury claims, it is forbidden to publish the plaintiff's name or any other identifying detail.

In Conclusion

The decision to file a medical malpractice claim is personal and complex. There is no single answer that fits everyone. It is important to consider all aspects - legal, economic, and mental - before making a decision.

The three most important rules:

Do not wait - Time is critical due to the statute of limitations
Consult with a lawyer who is an expert in the field - Do not try to make the decision alone
Listen to yourself - If it does not feel right mentally, perhaps it is not right

If you suspect medical negligence, the first step is a meeting with a lawyer who is an expert in the field. Most initial consultations are free, and there is no commitment. It is worth checking.

Remember: You have rights, and there is someone who can help you exercise them.

This article provides general information only and does not constitute legal advice. To receive advice tailored to your case, contact a lawyer who is an expert in medical malpractice.

When to File a Medical Malpractice Claim? The Complete Guide to Making the Right Decision