When Does it Cross the Line Into Medical Malpractice?

If something went wrong in a medical setting, was it medical malpractice? Or was it just an unsuccessful outcome of an operation?

Rob Rosenthal: Here’s a Quick Question from AskTheLawyers.com: how do you know if you’re the victim of medical malpractice, or just a bad outcome? Philadelphia attorney Stewart Eisenberg tells us.

Stewart Eisenberg: Medical malpractice is a departure from the standard of care. It’s not just a bad outcome. The doctor has to have not done something that all other doctors would have done. Any time you bring a medical malpractice case, you have to engage a medical expert in the field that you’re dealing with, whether that’s emergency room, whether that’s orthopedic surgery, whether that’s cancer treatment, you have to get a similar doctor to come into court and sign what’s called a certificate of merit and they have to certify that you have a valid case before you bring it into court. There can be mistakes made, there can be judgment calls made and that’s not medical malpractice. Medical malpractice is, like I said before, the departure from the standard of care.


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