MEDICAL MALPRACTICE

Advocating For Patient Safety

When it comes to the practice of modern medicine, our system of the trusted physician-patient relationship was replaced by impersonal medical management and high-volume health care. Too many patients today are harmed by their own health care providers, as well as the system their providers are forced to work in. Clients come to us because their doctors and hospitals failed to follow required standards of medicine, which resulted in life long injuries or sometimes even death.

When a Patient is seriously injured through the negligence of medical providers, the effects on the person and family are devastating. In each case, there are always legitimate concerns about mounting medical bills and the long-term effects of serious injury.

What Constitutes Medical Malpractice

Medical malpractice, or medical negligence, occurs when a healthcare professional fails in the follow required standards of care and injures a patient as a result. In legal terms, it means that there was a duty of care owed to a patient, and the the health professional violated this duty, which caused the patient's injuries and damages.

Pursuing a medical malpractice claim can be costly and difficult. To make matters worse, doctors will often insist the situation was just one of those unavoidable complications. In all medical malpractice cases, the injured individual must be able to prove how the health provider caused their injury. This requires hiring medical experts who can help prove up a case. Our firm fronts all case expenses, including the costs of experts. We only ask to be reimbursed if we win the case.

If you are a victim of medical malpractice, it is extremely important that you speak to a Board Certified Trial Lawyer with experience in field of medical malpractice. Proving up your case and showing what actually went on behind closed hospital doors is a daunting challenge and should only be undertaken by a lawyer with experience in the field of medical negligence. With over 30 years of experience in medical malpractice, Tom Kemmy can provide you with the expertise and representation that you need.  

 

The following are examples of the types of medical malpractice cases that we take on:

 

Hospital Related Medical Malpractice

Even if medical negligence occurred at a hospital, it does not mean the hospital itself is automatically liable. Generally speaking, hospitals, like all employers, are liable for the harms caused by their negligent employees. However, most doctors at hospitals are independent contractors - meaning they are not employed by the hospital.

Typically, nurses, medical technicians, support staff, nutritionist, and administrators are hospital employees. If a patient is injured while being treated by a hospital employee, the patient can usually sue the hospital for resulting damages.

Doctor and Physcian Medical Malpractice

In any medical malpractice case you must show exactly how your injury was caused by medical negligence. When it comes to doctors,you must first establish what the required standard of care was, and whether your doctor failed to meet the standard. Second, you must show how that failure in standard of care caused your specific injuries and damages.

Failure to Diagnose

Failure to diagnose is when your doctor failed to connect the dots between your symptoms and underlying condition. Misdiagnosis may also be a failure to diagnose, but it normally refers to when your doctor incorrectly believes you have an underlying condition when you actually suffer from another; and the doctor should have known the correct diagnosis to make. Delayed diagnosis is when your doctor isn't fast enough in making the connection between your symptoms and the underlying condition.

Common Failures with Diagnosing Patients:

  • Failure to admit or treat Patient
  • Failure to order necessary diagnostic or radiological tests (x-rays, CT scans, MRI);
  • Failure to consider and diagnose symptoms;
  • Failure to note or act upon patient complaints or family concerns;
  • Failure to communicate or record information - a break in the continuity of care
  • Failure to respond appropriately
Nursing Home Negligence

Medical neglect, where the nursing home fails to provide adequate attention, prevention, or medication for concerns such as bed sores, infections, cuts, diabetes, cognitive diseases, and mobility concerns.

Negligent Supervision- Where the elder person is repeatedly ignored, left alone, or disregarded.

Basic needs neglect, where the nursing home neglects to provide reasonable food, water, or a safe and clean environment.

Hygienic Neglect - where patients do not receive adequate help with laundry, cleaning, bathing, brushing their teeth, or other forms of hygienic practices.

Surgery Related Medical Malpractice

 All surgeries involve risk. Surgical errors go beyond the known risks of surgery. Common surgical negligence include:

  • Injuring nerves or ligaments during the procedure;
  • Leaving equipment or material inside the patient's body;
  • Operating on the wrong body part;
  • Incorrectly performing the incision; and
  • Administrating pre and post operative medication incorrectly.
Birth Related Medical Malpractice

Birth-related medical malpractice occurs when a doctor, hospital, or other medical staff acts negligently, fails to follow the standards of care for patient safety, and causes one of the following harms:

  • Injury to the mother or child during pregnancy or delivery.
  • Failure to Warn -- When the parents should have ended or avoided a pregnancy for safety or health reasons.
  • Birth Defects caused by negligent prenatal care or misdiagnosis.

Recovering Compensation For Your Harms and Losses

When a medical professional fails to follow the basic rules of patient safety and causes physical injury to a patient that professional is responsible for the harm. Our jury system allows for the recovery of damages to repair the harm when it can be repaired, and help and support the injured patient as they try to cope with loss of health or loss of the life and support of a loved one. The following are examples of the types of legal damages we seek to recover from the responsible party: 

Loss of Consortium and Household Servies

Past and Future Medical Expenses

Past and Future Wage Loss

Past and Future Pain & Suffering

Past and Future Mental Anguish

Past and Future Physical Impairment

Our Approach to Trial Advocacy

The Kemmys spend a considerable amount of time in the courtroom, and in front of juries. However, going to trial can always be a risk. In recent years, insurance companies and other corporations have spent billions to run a remarkable propaganda campaign against trial lawyers and their clients. They have been so effective that jurors are now often suspicious of injured victims who have hired a trial lawyer to hold the wrongdoer accountable. However, with the right approach, we have found that when jurors actually hear about a legitimate injury caused by the violation of basic safety rules that we all depend on, they are fair and just with their verdict.
 
Tom Kemmy has spent more than 30 years successfully representing patients and families injured from medical negligence, and we are determined to fight for the highest possible compensation due under the law. Early in Tom's career he was an insurance defense counsel and was hired to defend doctors, nurses and hospitals. Tom's knowledge of the defense side of litigation proves beneficial when representing injured patients today.

Featured Case Results

Nursing Home Malpractice
In May 2017, a Bexar County jury rendered a $13,800,000 verdict in favor of our Client after he was catastrophically injured at a skilled nursing facility. The jury found that the Defendant-Nursing-Home was responsible for Client's permanent paralysis, because the Nursing Home repeatedly failed to communicate critical information to the treating physicians, which would have easily prevented our Client from becoming paralyzed.

Hospital Malpractice
In March 2017, we obtained a $3,00,000 settlement on behalf of our Client who was paralyzed in an Iowa state hospital after his treating physicians failed to fully investigate the life-threatening bleeding in his GI tract.  The result his case now serves to protect future patients by helping change the hospital's dangerous policies. (Co-Counsel: Curtis L. Cukjati - Martin, Cukjati & Tom, LLP).

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