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Proving Negligence in Medical Malpractice
Like any other personal injury claim, medical malpractice claims rely on your lawyers proving that negligence occurred. Negligence is the basis of your entire case because it proves that a medical error happened and caused you injury and other damages. When proving negligence, there are four elements that your med mal lawyer needs to establish.
According to Texas Code, these elements of negligence are:
- A doctor-patient relationship was established, and your doctor owed you a duty of care.
- Your doctor was negligent and breached that duty of care.
- The breach in care directly caused you injury.
- Your injuries led to you suffering from damages.
In order to prove these elements, your lawyer will need all of your relevant documentation. Your medical records, medical bills, lost wages, and future costs that you might incur are all evidence that a medical error occurred and caused you harm in the form of damages.
This is why it’s important to note that medical malpractice isn’t simply being upset or unsatisfied with the care you received from your doctor. You deserve the best care from your doctors, but if medical negligence didn’t occur and didn’t result in your injury, then your experience likely wasn’t medical malpractice.
It’s also important to note that there is a time limit for how long you have to file a med mal claim with attorneys. In Texas, you have two years from the date of the injury or from the end date of your treatment to file for medical malpractice against the practitioner who hurt you. If it’s been longer than two years, you likely don’t have a case.
Your Brownsville, TX medical malpractice attorney will be able to determine whether or not you have a med mal claim.
Types of Medical Negligence
When proving an error occurred, your lawyer will look into exactly what happened. They’ll use your evidence to show that a practitioner was negligent, and by narrowing down what type of negligence occurred. Here are some of the most common forms of medical errors that occur to patients in Brownsville:
- Misdiagnosis
- Missed Diagnosis
- Medication Errors
- Misread Tests
- Unnecessary Treatments or Medications
- Anesthesia Errors
- Premature Discharge
- Disregarding Allergies
- Surgical Errors
- Birth Injuries
All of the above could be considered medical malpractice and result in life-changing injuries for a patient. That’s why you need legal representation after one of the above situations happens to you and causes you injuries and other damages. Even if you don’t see the scenario that you experienced listed above, that doesn’t mean it wasn’t medical negligence.
That’s why you should consult a Brownsville, TX medical malpractice lawyer about your situation. They’ll be able to answer your questions, look at your case, and determine whether or not you have a med mal claim. From there, they’ll support you through the legal process and help you get justice.
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.
