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Arizona’s Med Mal Laws
After deciding to take the steps to file a med mal claim, one of the most important aspects of your claim will be the state’s laws surrounding medical malpractice and how you need to file. Thankfully, your medical malpractice lawyer will be an expert in Arizona’s med mal laws and will be able to fully guide you through the claims process with these rules and regulations in mind. However, it’s still helpful for you to know these as well.
From the beginning of your claim, the statute of limitations will be a deciding factor of whether or not you can file in the first place. In Arizona, you have two years from the date of the injury to file a personal injury claim, which includes medical malpractice. If it’s been more than two years since the date of the instance of medical malpractice, then you might not be able to file. However, that’s not set in stone.
There are other rules in place that could extent that timeline for how long you have to file your med mal claim. One of those rules is known as the discovery rule. This rule means that you have two years from the date that you discover your injuries from the act of medical malpractice since sometimes you might not know they’re there until you feel the symptoms.
Other rules that could affect the time allowance you have for filing are for special circumstances that warrant a pause in the case. Some of the reasons that the med mal statute of limitations could be paused, meaning you have more than two years to file a claim, are when the patient was a minor, they don’t have the mental capacity to file on their own, and when the health care provider is out of state. Your med mal lawyer will be able to help you determine what rules and pauses apply to your claim.
Finally, you should know that Arizona does not have damage caps for medical malpractice claims. This means that you can recover the full economic and noneconomic damages you’re owed for what you’ve been through. Your Chandler, AZ medical malpractice attorney is here to help you file your claim and recover the compensation you deserve.
Expert Witnesses in Arizona Med Mal Claims
Another important aspect of your claim that your lawyer will be able to help you with is whether or not you’ll have an expert witness testifying for you. Med mal lawyers call expert witnesses to give testimony about what is the standard of care, what your practitioner should have done to align with that standard, and how their actions directly caused your injury.
From the moment you decide to file, you have to state if you’re including an expert opinion. Arizona legislature calls this preliminary expert opinion testimony against health care professionals.
If you have a medical expert testifying, you’ll need to include at least one preliminary affidavit from them that includes their expert opinion regarding the patient’s health, the care they received, any mistakes made by their provider, and what they believe should have been done in accordance with the standard of care.
This could seem confusing, which is why it’s important to have a Chandler, AZ medical malpractice lawyer on your side. We’ll be able to guide you through every step and ensure that you’re supported and following the requirements carefully.
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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$16 Million Truck Accident
Buckingham & Vega obtained a $16 million settlement in a truck accident case. The truck driver was speeding and inattentive (texting) and crashed into the rear of a pickup truck stopped at a stoplight.
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$14 Million Dram Shop Liability
Our team obtained a $14 million dram shop verdict on behalf of a client who was injured due to negligence.
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$13 Million Truck Accident
Our team secured a 13 million settlement in a truck accident case. An eighteen-wheeler made an unsafe turn in front of a car driven by a grandmother and her family. The grandmother was killed and the family suffered severe injuries.
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13 Million Work Injury
Buckingham & Vega represented an oilfield worker who was killed when their company failed to properly train its employees on how to safely move waste bins. Our client was killed when he became trapped between two bins.
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$12 Million Birth Injury
The attorneys at Buckingham & Vega obtained a $12 million birth injury settlement.
