Adv. Dr. Shalhav Kimchy, M.D.

Adv. Dr. Shalhav Kimchy, M.D. has been representing victims of medical malpractice, road accidents and severe bodily harm for more than 25 years. Her boutique firm, where she has been personally handling each and every case for the past two decades, specializes in medical malpractice claims against every organ of the healthcare system – private and public hospitals, HMOs, the Ministry of Health, medical institutions, private physicians, and clinics. She also represents plaintiffs in claims arising from road accidents, workplace accidents, school accidents, student accidents, municipal liability etc.

A Physician and a Lawyer Who Is Familiar with Both Sides of the Trench

Adv. Kimchy started her professional career as a physician. She graduated with honors from the School of Medicine of the Hebrew University in the framework of the IDF academic reserves, followed by a year of internship in the Sheba Hospital and was licensed to practice medicine. In the army she served as a medevac physician in the search and rescue extraction unit 669, and in the framework of her service she led a successful legal struggle for the integration of women physicians in evacuations and extractions outside of Israel. In that period, she graduated from Tel Aviv University with an LL.B. Upon her honorable discharge, she interned in medical malpractice and bodily harm in one of Israel’s largest firms in this practice area, and continued as an associate and partner in that firm. In this framework, she represented insurance companies and plaintiffs in matters pertaining to medical malpractice, road and workplace accidents and bodily harm, acquiring deep familiarity with both sides of the trench –plaintiffs and defendants, and her vast medical knowledge, along with years of experience from representing healthcare institutions, create an enormous advantage in handling medical malpractice and bodily harm claims.
For the past 20 years, she has successfully managed her own independent firm, representing mainly victims of the healthcare system, road accidents and other severe accidents.

Practice Areas

Obstetrics and Gynecology – misdiagnosis or failure to diagnose abnormalities and birth defects via ultrasound, failure to conduct pregnancy-related tests, genetic misdiagnosis, labor and delivery negligence, still birth, birth injuries and defects, cerebral palsy, shoulder dystocia, fetal macrosomia, maternal obstetrics injuries and more.
Surgery – surgical errors, unnecessary or wrong-procedure surgeries, delayed surgery, misdiagnosis of urgent surgical situations, delayed diagnosis of malignancies or tumors, inappropriate preoperative instructions and more.
Urology – testicular or urinary injuries, kidney damage, failure to diagnose testicular problems, misdiagnosis of bladder cancer or other malignancies and more.
Cardiology and Heart Surgery – misdiagnosis/mistreatment of coronary disease, myocardial infarction (heart attack), angina, arrythmia, failure to conduct timely cardiac examination, premature ER discharge, heart surgery and catheterization errors etc.
Internal and Family Medicine – miscommunications between GPs and specialists, late diagnosis and failure to diagnose and more.
Oncology – delayed diagnosis of malignant tumors and cancers, misdiagnosis of benign tumors as malignant, oncological negligence and more.
Ophthalmology – eye damage due to laser or glaucoma surgeries, cataract mistreatment, cornea damage, eyelid surgery, surgery-related blindness and more.
Neurosurgery and Neurology – irreversible damage from brain, spine or spinal cord surgery, misdiagnosis or late diagnosis of tumors, infections, failure to prescribe anti-coagulants or excessive use thereof, back surgery damage, disc herniation etc.
Pediatrics and Neonatology – damages from premature infant care and neonatology negligence, misdiagnosis and failure to diagnosis conditions that caused irreversible damage and medical emergencies, and more.
Radiology – failure to diagnose or misdiagnosis of illnesses or defects in various imaging tools.
Anesthesiology – anaesthesia-related incidents that resulted in death, paralysis, or permanent injury.
Orthopaedic – misdiagnosis or negligent care of fractures, bone and muscle tumors and more.
Emergency Medicine and ER – wrongful management or negligent care in the ER, wrongful discharge or failure to hospitalize etc.
Aesthetical Medicine and Plastic Surgery – various plastic surgeries, scars and burns caused by laser treatments, liposuction, face lifts, blepharoplasties, thigh lifts etc.
Other Practice Areas – road accidents, workplace and education institute accidents, falls and injuries in public places, and National Insurance claims for general disability, work disability etc.

Successful Representation of Hundreds of Medical Malpractice Victims

Over the years, Adv. Kimchy has successfully represented hundreds of victims, thoroughly and professional, with excellent results. She manages numerous complex cases, including cases where other lawyers were unable to substantiate medical negligence. Occasionally, she assists lawyers who require assistance in managing medical malpractice cases. Her knowledge and experience as a physician greatly support her cases, from the decision whether negligence can be substantiated, through management of medical experts and up to cross-examination of physicians and establishing the case’s merit before the court.
Participates in Legislations and Healthcare Procedural Resetting
Adv. Kimchy co-chairs the IBA’s Tort Committee, Central District and is deputy chairperson of the Petach Tikva Contact Committee. She volunteers in the Patient Rights Association, supporting the enforcement of patient rights vis-a-vis the healthcare systems. She also lectures to judges, lawyers, physicians, and the general public. Adv. Kimchy was involved in legislation amendments, and was the driving force behind the implementation of new clauses in the Patient Rights Law and changes in the circulars of the MoH’s Healthcare Administration.

Selected Cases from the Past Year

Severe Cerebral Palsy due to Negligence: Represented a plaintiff who suffers from severe cerebral palsy due to negligence of the hospital’s neonatal care unit. The case was formerly managed by another lawyer unsuccessfully. The firm refiled the lawsuit with new opinions and settled with a high sum through mediation.
Hand Paralysis due to Negligence: Represented a plaintiff with delayed diagnosis of a rupture in a shoulder artery which led to hand paralysis. Substantial settlement following mediation.
Leg Amputation due to Negligence: The plaintiff underwent leg vascular reconstruction surgery, and a delayed diagnosis of an infection in the surgery area eventually led to amputation. Substantial settlement following mediation.
Severe Medical Outcomes due to Failure to Perform Timely Resuscitation: A complex case of a coronary event during a sport competition with delayed resuscitation. two of the defendants settled before the evidence session. Against the third defendant, Adv. Kimchy examined an expert and six witnesses called by the defense, and in the court’s recommendation, the case was resolved with an excellent settlement sum also from the refusing defendant.
Disability due to Failure to Conduct Hip Dysplasia Ultrasound: The plaintiff wasn’t referred to the required DDH ultrasound, by either the hospital or the HMO. This led to a failure in diagnosing and treating a birth defect, requiring two difficult surgeries and leaving the client with a disability. The lawsuit is currently in court proceedings.