blog.cat.rights8 min read9/7/2026

Suspect Medical Malpractice? Get Your Israeli Medical Record Before Time Runs Out

A medical-malpractice concern often begins with a missing explanation: a late diagnosis, an unexpected complication or conflicting accounts of what happened. The first practical task is to secure the complete record—not merely what appears in your health fund’s app—and identify the dates that may control the limitation period.

Numbers and facts

•1996 — Patient Rights Law enacted
•Section 89 — damage-discovery rule discussed
•Section 8 — later discovery of other claim facts
•1991 — clear diagnosis treated as crucial in CA 10591/06
•2003 — the claim in that case was filed

The patient portal may not be the complete record

The Patient Rights Law, 1996 is the central statute governing patients’ medical information. Ministry of Health Circular 8/2019 expanded access through online personal health records, but it also permits certain text fields to be classified as internal or personal notes that do not appear in the patient-facing portal. Information received through the health-information-sharing network may be displayed “as is,” and the portal may warn that a health-fund clinician has not necessarily reviewed it. Therefore, download the portal material but also send a written request to every relevant hospital, clinic and health fund for the entire medical record, including material not displayed online.

Make the request precise—and keep proof of it

Identify the patient, relevant treatment period and medical institution, and ask for a complete copy rather than a discharge summary alone. Keep the request, delivery confirmation, payment correspondence and every response; the Ministry’s record-management standards require requests and disclosures to be documented, including the date, identification method and requester’s details. Circular 8/2019 recognizes that a charge may apply for locating and producing a non-computerized copy under the applicable 2019 regulations, but the supplied material does not establish a current shekel amount. If payment is requested, ask for the legal basis and written calculation rather than assuming that any quoted fee is fixed by law.

Preserve the evidence before building a theory

Save the files in the format received and create a separate working copy for highlighting or annotation. Keep a simple chronology of appointments, symptoms, diagnoses, prescriptions and later explanations, while separating your recollection from what the contemporaneous record actually says. Medical information is especially sensitive: Ministry privacy guidance emphasizes minimizing unnecessary disclosure, using secure systems and avoiding open Wi-Fi for transmitting medical data. Do not circulate an entire file through informal messaging or non-dedicated cloud services merely to obtain a quick opinion.

What an independent expert needs to examine

An expert review should begin with the unedited chronology and the complete records from all treating institutions, not only documents selected to support a suspected mistake. The specialist can assess what information was available at each stage, whether the clinical response matched that information, and whether the alleged departure could have caused the injury. A poor result by itself does not answer those questions, and a later doctor’s criticism is not a substitute for a structured causation analysis. Ask the reviewer to identify missing documents and distinguish between the underlying medical condition, treatment complications and harm allegedly caused by delay or error.

The limitation clock is about discovery, not suspicion alone

The official decision in Civil Appeal 10591/06 illustrates why there is no safe deadline calculation based only on the treatment date. The decision discusses section 89 of the Torts Ordinance, under which discovery of damage matters when the damage was not apparent when it occurred, and section 8 of the Limitation Law, 1958, concerning later discovery of other facts forming the claim. In that case, the District Court treated a clear 1991 diagnosis as crucial and dismissed a claim filed in 2003 as time-barred; it also examined when the claimant could reasonably have investigated a causal connection. Record requests, expert review and deadline analysis should therefore proceed in parallel, because the supplied authorities do not say that waiting for documents pauses the clock.

FAQ

Is the medical record in my health fund app enough?

Not necessarily. Circular 8/2019 allows some internal or personal text fields to remain outside the online personal health record, so request the complete institutional record separately.

Can a hospital charge me for a copy of my medical record?

Circular 8/2019 refers to charges for locating and producing non-computerized records under the 2019 regulations. The supplied material provides no current maximum amount in shekels, so request an itemized written calculation and its legal basis.

When does the limitation period for medical malpractice begin?

The date can depend on when the damage was discovered and when other essential facts, including possible causation, became reasonably discoverable. Civil Appeal 10591/06 shows that courts examine medical records, diagnoses and whether a reasonable person should have begun investigating earlier.

Should I wait for an expert opinion before checking the deadline?

No safe conclusion follows from the supplied authorities that obtaining records or an opinion suspends the limitation clock. Build the file, obtain specialist review and calculate the relevant dates at the same time.

What if the record appears incomplete?

Compare the response against the portal, discharge papers and your treatment chronology, then send a focused written follow-up identifying the apparent gaps. Preserve both the incomplete response and your follow-up because the history of the request may itself become important.

What to do next

Immediately export the available portal material, request the complete record from every relevant provider and preserve proof of each request and response. Prepare a dated chronology and arrange an independent medical review, while separately checking the possible filing deadline under the Limitation Law, 1958 and the Torts Ordinance. These are organizational steps, not a substitute for advice based on the particular facts.