Failure to Diagnose Kemmy Law Firm Practice Area

Kemmy Law Firm, P.C. - Medical Malpractice Lawyers

Failures in
Medical Care

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.

Your 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.

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.


When another individual or business fails to follow basic community safety rules and causes injury or harm to another as a result, then they are responsible for the harm they caused. Our jury system allows for the recovery of damages to repair the harm when it can be repaired, to help with the harms and losses that can be helped, and make up for the harms and losses that can be neither fixed nor helped. The following are examples of the types of legal damages we seek to recover from the responsible party:

  • Property Damage and Out of Pocket Expenses
  • 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
  • Loss of Consortium and Support of a Loved One

How We Approach
Trial Advocacy

The Kemmys spend a considerable amount of time in the courtroom, and in front of juries. However, going to trial is 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 lawyers. However, we have found that when jurors hear that a legitimate injury was caused by the violation of basic community safety rules, or rules that we all depend on, then they are still usually just and fair with their verdict.

For over 30 years, Tom Kemmy has successfully represented injured individuals and families, as well as injured business owners. 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. In recent years, Tom has expanded his practice with the help of his 4 oldest sons. Working together as a team, we offer a unique approach to trial advocacy and are determined to fight for the highest possible compensation due under the law.


Kemmy Law Firm, P.C.
San Antonio, Texas 78212
Phone: 210.735.2233
Fax: 210.736.9025

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