When Does it Cross the Line Into Medical Malpractice? Attorney Explains

Attorney Stewart Eisenberg | 888-644-4288 | Free Consult

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

Stewart Eisenberg is a medical malpractice attorney with Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C. based in Philadelphia. In this Quick Question, he explains how to find out if a patient suffered from medical malpractice.

To learn more, contact the attorney directly by calling 888-644-4288 or by submitting a contact form on this page. The consultation is free and confidential, and you owe no out-of-pocket attorney fees.

Medical malpractice is the departure from a standard of care, rather than a bad outcome.

Every medical treatment comes with certain risks associated. This is why it can be hard to tell if a new or worsened injury or illness after treatment is a result of a bad outcome occurring naturally from the procedure, or as a result of actual medical malpractice.

The defining factor between a bad outcome and medical malpractice is that in malpractice situations the doctor or medical professional failed to do something that any other doctor or medical professional in the same situation with similar training would have reasonably done. This is considered a deviation from the standard of care and can result in serious consequences for a patient.

In a bad outcome situation, the doctor or medical professionals involved fully upheld the standard of care and did their best to care for the patient, taking the same actions another equally trained professional in the same field would have done.

When beginning a medical malpractice claim, an expert in the medical field in which the injury occurred must first certify your case.

If you suspect medical malpractice, you must have your situation analyzed and certified by an expert in the medical field in which the injury occurred. Whether this calls for an emergency room expert, orthopedic surgery expert, cancer treatment expert, or an expert in one of the countless other medical fields, they will need to go into court and sign something called a certificate of merit to prove that you have a valid case to bring before a judge and jury.

A medical expert evaluating your case for viability will be able to determine if the injury occurred due to a bad outcome, in which case there would be no footing to file a claim, or from true medical malpractice. It’s important to note that injuries as a result of natural bad outcomes or poor judgments made by the doctor in a medical procedure do not count as medical malpractice. Medical malpractice involves negligent actions on the part of the medical professional(s) involved, whether willful or not, that another reputable doctor in the same situation would not have made.

If you suspect you might have suffered from medical malpractice and want to learn more about how to have your case certified to potentially file a claim, request a consultation with a medical malpractice attorney. Most reputable malpractice lawyers work on contingency, which means you won’t have to pay them a penny unless and until they win your case.

To learn more, contact Stewart Eisenberg directly by calling 888-644-4288 or by submitting a contact form on this page. The consultation is free and confidential, and you owe no out-of-pocket attorney fees.

Video Transcript:

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.

Disclaimer: This video is for informational purposes only. In some states, this video may be deemed Attorney Advertising. The choice of lawyer is an important decision that should not be based solely on advertisements.


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