Philadelphia Medical Malpractice Lawyers

medical malpractice
medical malpractice

When you trust your doctor with your life or the life of a loved one, it is heartbreaking to know that you, or your loved one, may have been injured because of negligence. That’s why, when you need help after being injured at the hands of a doctor or other healthcare provider, the lawyers at Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck are here for you. When healthcare professionals cause injury to our local community, our Philadelphia medical malpractice attorneys fight for justice. When a local city worker underwent surgery to remove a tumor on his esophagus and his care team failed to notice obvious signs of infection, resulting in our client becoming paralyzed, our team fought to recover $4.5 million on his behalf. And when a delay in performing an MRI led to our client suffering a spinal cord injury that left her wheelchair-bound, our medical negligence lawyers secured a $14 million recovery. These are only some of the top results our firm has obtained on behalf of clients who negligent healthcare providers have harmed. We will fight hard to help you get the compensation you need and deserve if a negligent healthcare provider has harmed you or a loved one. Contact us for a free consultation today!

What are Common Examples of Medical Malpractice?

There are many forms of medical malpractice. Some of the most common include:

What Qualifies for a Medical Malpractice Lawsuit?

Not all medical mistakes are grounds for a malpractice lawsuit. You may be able to prove that your doctor made an error in your treatment, but this alone is not enough for a case. To file a lawsuit for medical malpractice, you must prove that your case meets the test for at least one of the following types of cases:

Medical Negligence

To prevail on this type of malpractice claim, the patient must establish at least three elements:

  1. The violation of the “standard of care”
  2. Injury to the patient
  3. The failure to meet the standard of care was a factual cause of the patient’s injury.

Proof of the standard of care, i.e., proof of what a reasonable doctor would or would not have done under the circumstances, in most instances, must be established by the “expert testimony” of another physician.

Lack of Informed Consent

The issue of “informed consent” usually arises apart from, or parallel with, medical negligence. The doctor has a duty to reasonably disclose available choices on a proposed treatment option and the potential dangers of each choice. Failing to provide such disclosure creates a basis for a lack of informed consent claim. The basis of this type of claim is that the patient would not have consented to treatment if they knew all of the risks of the treatment or all of the alternatives to the treatment.

Vicarious liability

Physicians may be held liable for the negligent acts of their employees, even though the doctor was not negligent. The law holds employers responsible for negligent acts committed by individuals who are actually acting or appearing to act on their behalf. Such liability can be imposed when the agent’s or employee’s negligent conduct occurs while acting within the scope of the agency or employment. For example, a doctor may be held liable for the negligence of a nurse committed while acting as the doctor’s employee or under the doctor’s instruction.

Injury to third parties

Generally, a doctor’s duty does not extend beyond the patient to a third party, who is not a patient. However, under certain limited circumstances, a duty to nonpatients can arise. For example, a person can suffer emotional distress as a witness to a doctor’s negligent conduct. For example, a mother can suffer emotional distress due to witnessing her child’s medical abandonment.


Once the doctor or other health care practitioner undertakes the responsibility of treating a patient, the physician must continue that treatment as long as immediately necessary unless they agree to terminate the relationship or the patient dismisses the physician. For the physician to withdraw from a patient’s care, the physician must give the patient due notice and ample opportunity to secure other medical attention.

How Do We Help With Your Medical Malpractice Lawsuit?

Medical malpractice lawsuits are complex. These cases require skilled and experienced attorneys. Because of this, our attorneys are with you every step of the way.

  1. Review your information for claim eligibility.
  2. Determine the value of your claim.
  3. Collect additional evidence if needed.
  4. Determine liable parties.
  5. Ensure you understand your options and legal rights moving forward.
  6. Handle all procedures and technicalities the court requires.

You can also expect our attorneys to:

  • Ask the right questions
  • Be knowledgeable in both law and medicine.
  • Expertly review your medical records.
  • Have the connections to the right experts.
  • Know what to expect from the doctor’s lawyers.

Winning Your Medical Malpractice Case

Proving a case for medical malpractice requires more than finding that a medical error was made. A bad result alone does not support a finding of malpractice.

The main factors you need to prove to win your medical malpractice case are:

  • That the medical care or treatment provided was below the acceptable standard of care.
  • That the alleged negligence caused injury, harm, or death to the patient
  • The patient suffered quantifiable harm because of medical malpractice, which can include pain and suffering, loss of income, medical expenses, or other economic harm.

It is necessary to prove all these factors to win your medical malpractice case. If a doctor made a mistake but it did not result in harm to the patient, then a case cannot be filed under the law. Or, if a patient suffered harm during a medical procedure but it was not caused by a medical error, then a medical malpractice case cannot be filed. Hospitals and doctors defend every facet of a case to defeat your claim, so it is essential that there is a legal and medical basis to prove every element.