HOSPITAL NEGLIGENCE

Advocating For Injured Patients

A hospital should not be but often is a dangerous place. We go to the hospital in our most vulnerable time; our time of greatest need. Trust and surrender are our only choices. When that trust is violated the consequences are often devastating. The medical community has a name for the unnecessary harm that hospital patients often suffer: "Never Events".

 
These are injuries that simply should never take place and only do when someone failed to follow the safety rules that apply to hospitals. Some of the most common "never events" include: surgery on the wrong part of the body; serious injury or death from medication error; stage III or IV pressure ulcers; death following surgery in a healthy patient; air embolism, assault while at a hospital or nursing home, injury from falls and many more.

Holding Hospitals Responsible

Unlike private individuals, companies, or organizations, you cannot sue the government except under very limited circumstances described in a statute. In Texas, the statute is called the Texas Tort Claims Act, and it allows lawsuits for negligence to proceed if they fall within two exceptions to sovereign immunity. If the negligence does not fit within the two exceptions, a negligence lawsuit is still barred by law.

Even if the medical negligence of a state employee or hospital falls within the narrow contours of Tort Claims Act, there are still more requirements in order to be able to file a lawsuit. And you have to keep your eye on the ball.

The Texas Tort Claims Act requires a “notice of claim” to be filed with the appropriate government unit within six months of the date that the government or its employee negligently caused injury. The law requires the notice to contain a description of the injury, how it happened, and the time and place it occurred. Some cities have even shorter notice time limits. For the City of Houston, for example, the notice deadline is only 90 days.

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.

Recovering Compensation For Harms & 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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