WRONGFUL DEATH

Advocating For Patient Safety

It is not unusual for a patient to enter a hospital and receive care from doctors he or she has never met before. Sometimes during the transition between doctors, specialists, nurses and departments, there is a breakdown in communication and the patient falls through the cracks. Time and again we have held hospitals accountable when a family member of our client entered the hospital and then was ignored, forgotten and died unnecessarily. Losing a loved is one of the most devastating experiences in life. When it's caused by someone else's negligent conduct it is unbearable, because it simply should not have happened. This is exactly why our community has required safety rules and medical standards. If another individual has  caused death to your loved one because they failed to follow fundamental safety rules, then that individual must be held fully responsible so it never happens again. 
 
Our firm understands how painful it can be to enter a hospital and only to stand helplessly by as staff members fail to properly fulfill their duties or even ignore your requests for help. Unfortunately, the laws that apply to hospitals and physicians are different than the laws that apply to others who cause harm. Nearly every law concerning a health care provider is aimed at protecting them from their negligent conduct, which allows them to continue to break medical standards and harm others without consequences. If you believe your loved one wrongfully died because of hospital or physician negligence, then you need to contact a Board Certified Trial Lawyer who is knowledgeable in medical malpractice, because proving what went on behind closed hospital doors is a daunting challenge and it should only be undertaken by a lawyer who has the experienced to do so. With over 30 years in the field, Tom Kemmy brings you that experience.

Holding The Negligent Party Responsible

This firm works very hard to obtain just and fair compensation for every one of our clients. We do not view our clients as cases or files, but as injured individuals and families who have no recourse other than the law. Through no fault of their own, our clients were somehow injured by someone else who failed to follow the rules of the road. We will fight with the insurance companies on your behalf and seek the maximum amount recovery.

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.

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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Recognized Trial Attorney