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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Co-founder and senior shareholder of our law firm, Philadelphia medical malpractice attorney Kenneth M. Rothweiler began his career as a legal clerk for the Superior Court of Pennsylvania. Dedicated to complex personal injury litigation, he has tried more than 100 jury trials. These cases resulted in some of the largest verdicts in Pennsylvania.