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What Constitutes as Med Mal?
When you’re interested in filing a med mal claim, one of the first things you might be wondering is what constitutes as medical malpractice? This can seem complicated when you’re new to it, but it’s pretty simple once you break it down. In short, medical malpractice is when a medical professional breaks the duty of care and causes your injuries.
After a doctor-patient relationship is established, you are owed medical treatment that aligns with the standard of care in the field. If your doctor or other medical professional is negligent, they could break that standard and cause you injury. Those injuries will likely cause you to suffer from damages, which is when you can take legal action to recover the damages that you incurred.
This all demonstrates that medical malpractice hinges upon proving the negligence of the doctor, nurse, or other professional who hurt you. Some of the most common instances of medical negligence that could happen to you are:
- Misdiagnosis. When you have symptoms that point to a clear diagnosis, but you are diagnosed with a completely different ailment, this can lead to your health suffering greatly and you being hurt more, or it could lead to you enduring treatments for an illness or disease that you don’t have. For example, if you are misdiagnosed with cancer and go through chemo, that can cause your body serious harm when you didn’t need to go through it at all.
- Missed Diagnosis. Similarly, when you’re having obvious symptoms of an ailment and your doctor completely misses the diagnosis, your body can be physically harmed from that. For example, if you’re clearly suffering from a heart attack but are released from the hospital because the doctor doesn’t diagnose it, they could suffer from serious injuries or even death as a result of the missed diagnosis.
- Medication Errors. Prescriptions and medications need to be given to patients very carefully, or else there can be serious effects on their health. When drugs are wrongly prescribed, dosed, or administered, it can have deadly consequences. If a patient has an allergy, they could have a reaction, or if they are just given the wrong medication or dosage then they could be harmed.
- Surgical Errors. During surgery, surgeons and other medical staff who work on operations could make mistakes that lead to you suffering from more injuries. They could operate on the wrong site, nick an organ or artery from carelessness, or leave tools inside your body after the operation. Any breach of the sanitary field could lead to infections as well.
- Birth Injuries. Birth is supposed to be a joyous process, even though it’s expected to have some pain from the experience. When you are hurt more than normal, or if you baby is harmed in any way from birth mistakes, you could have a med mal claim on your hands.
It’s important to note that merely being unsatisfied with the care you received does not constitute medical malpractice. It’s disheartening to experience care that you’re not happy with, but if you didn’t experience a breach of care, negligence, further injury, and damages as a result, then you likely don’t have a med mal claim.
The Right Legal Team Matters
Meet Our Dedicated Team of Attorneys
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"Thank God we found him. He really seemed to care about our family."Mr. Buckingham won our case after two other law firms said it would be impossible to win. He knew the medicine better than the experts in the case. I guess the fact that he’s also a doctor was a great help.Former Client
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"He truly was impressive."Mr. Buckingham flew to the East Coast several times & understood how a correct gall bladder surgery is supposed to be done better than the surgeon. He was very knowledgeable & precise.Former Client
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"If you want real-life heroes contact these guys. They cared when no one else did."When I first contacted Mr.Vega, I knew he was different because he listened to me with compassion. Mr. Vega and his team gave me hope and most important they gave my son a better life.Former Client
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"Adrian Vega and his law firm changed my family's life."They fought for my injured baby and made sure we would be taken care of for the rest of our lives. I highly recommend this law firm.Former Client
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"My family is better off having them in our corner."We turned to him when we had nowhere else to go. Turns out it was the best decision we could have ever made. They represented us in a difficult case and made those responsible accountable for their actions.Former Client
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"Nothing but the best of the best."This was an experience I'll never forget and felt like family and not a business associate. Adrian kept me informed and up to date on all matters of the lawsuit. Needless to say, I received more ( much more ) than expected...Former Client
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"Very professional firm and well knowledgeable!"I would highly recommend using Buckingham & Vega if you have been injured in an accident. Very professional firm and well knowledgeable!Former Client
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"Highly Recommend"We had a great experience working with Adrian. He was very professional and guided my family through a difficult situation.Former Client
Our Results Make a Difference
Explore How We Have Helped Our Clients
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Record-Setting $72 Million Verdict Birth Injury
The Buckingham & Vega team obtained a $72 Million verdict in a birth injury case when an OB/ GYN failed to properly monitor the mom during pregnancy.
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$12 Million Birth Injury
The attorneys at Buckingham & Vega obtained a $12 million birth injury settlement.
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$2.5 Million Surgical Negligence
Our team obtained a $2.5 million verdict in a medical malpractice case that involved a gallbladder removal. The surgeon failed to identify the proper anatomy and cut the wrong duct.
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$2 Million Hospital Negligence
Our team obtained a $2 million settlement on behalf of a client who was catastrophically injured due to a hospital's failure to diagnose (missed diagnosis).
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$1.75 Million Wrongful Death
We secured $1.75 million after a wrongful death that occurred after a complication from a colonoscopy.
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$1.75 Million Catastrophic Injury
The attorneys at Buckingham & Vega Law Firm obtained a $1.75 million settlement on behalf of a client who was injured due to medical negligence.
