FAILURE TO DIAGNOSE

Failures in Medical Diagnoses

Perhaps the most fundamental patient safety rule is the requirement that a doctor must rule out or treat the most dangerous condition first before it harms the patient. That is, doctors are never allowed to needlessly endanger a patient by assuming the patient's symptoms are harmless when in fact there could be a fatal illness. For example, we have represented persons whose physician assumed the complaints of chest pain was heartburn without determining if the patient was having a heart attack. These sorts of reckless assumptions are never allowed. If our community allows medicine to be practiced that way without holding doctors responsible for dangerous conduct, we are all at risk. The medical cases we prosecute are all aimed at making our community safer.
 
If you or a loved one has been harmed by a doctor making reckless assumptions and failing to diagnose a condition in time to prevent harm then contact a Board Certified Trial Lawyer who is knowledgeable about medical malpractice. Proving what went on behind closed doors is a daunting challenge and should only be undertaken by a lawyer with experience in the field of medical malpractice.
 

Making A Claim For Misdiagnosis

The first step in addressing any illness is a proper and timely diagnosis. If you or a loved one is dealing with the consequences of a doctor's failure to diagnose a serious medical condition, you are probably struggling with many questions, such as: Is the condition permanent? How will I cover medical costs? Was this avoidable? When a patient is harmed by a misdiagnosis or a delayed diagnosis, most doctors will try to insist that the problem was unavoidable. Not all situations involve medical negligence. However, we will provide a free evaluation of your potential case.

 
The laws that apply to hospitals and physicians are different than the laws that apply to any other business or person who causes harm; nearly every law concerning a health care provider is aimed at freeing them from their negligent conduct so that they can continue to break the rules and harm others without consequence.All doctors are legally required to provide a level of care that falls within the accepted standards of practice and meets the recognized minimum standards.
 
Our law firm represents medical malpractice victims who have suffered serious injury or the death of a loved one due to any form of medical misdiagnosis, including surgery, internal medicine, cardiology, gastroenterology, hematology, infectious disease, orthopedists, vascular, pulmonary and oncology.

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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