We have a saying that goes "When you hire the Kemmy Law Firm, you don't just hire one lawyer, you hire a team of lawyers." Tom Kemmy is an award-winning and board certified personal injury lawyer who has been practicing injury law since 1986. His sons are experienced personal injury lawyers and former prosecutors that represented the State of Texas against murderers, thieves, drug traffickers, and violent criminals. We put our combined experience and knowledge in the pursuit of one goal, to win and obtain maximum justice for our client.
What is Failure to Diagnose?
Failure to diagnose is when a doctor does not identify a medical condition at all, even when a patient exhibits symptoms or risk factors that should prompt further evaluation. This differs slightly from misdiagnosis, which typically involves an incorrect diagnosis, while failure to diagnose involves no diagnosis being made.
In Hobbs and throughout New Mexico, doctors and healthcare providers are expected to meet a standard of care, which includes ordering tests, evaluating results, and making accurate assessments. When they fall short, and their negligence causes harm, they can be held liable.
Failure to diagnose can stem from many forms of negligence, including:
- Failure to order diagnostic tests such as MRIs, CT scans, or blood work.
- Misinterpretation of test results by radiologists, lab technicians, or doctors.
- Incomplete patient history that overlooks crucial symptoms or risk factors.
- Ignoring patient complaints or not taking symptoms seriously.
- Overworked or distracted staff leading to oversight in critical assessments.
Each of these issues may point to a breakdown in the standard of care, for which a Hobbs failure to diagnose lawyer can seek accountability.
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$20 MILLION Oil and gas case involving significant economic harm
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$19.4 MILLION Jury Verdict Wrongful Death of an elderly woman at Assisted Living facility.
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$13.5 MILLION Jury Verdict Patient paralyzed after nurses failed to tell a doctor about a change in condition
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$8 MILLION Young college student suffers brain injury from negligent conduct
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$7.5 MILLION West texas woman becomes brain injured when basic safety rules were not followed
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$6.2 MILLION Jury Verdict Marine veteran suffers catastrophic harm after a dangerous fall
All of our clients have families of their own. They are decent, hardworking people, and come to us with complex business issues or because their lives have been changed by a catastrophic injury.
Long-Term Effects of Failure to Diagnose & Misdiagnosis
Delayed or incorrect diagnoses can have life-altering consequences, including:
- Disease progression – Conditions like cancer or infections can worsen rapidly without timely treatment.
- Permanent disability – For example, untreated strokes can lead to paralysis or cognitive impairment.
- Unnecessary procedures – Misdiagnosed patients may undergo surgeries or treatments they don’t need.
- Emotional distress – Patients and families may suffer anxiety, depression, or loss of trust in healthcare providers.
- Wrongful death – In the most tragic cases, misdiagnosis or failure to diagnose can lead to a preventable loss of life.
If you or a loved one experienced harm due to diagnostic errors, we encourage you to speak with a Hobbs failure to diagnose attorney at Kemmy Law Firm to understand your legal options.
Compensation for Misdiagnosis or Failure to Diagnose
If a medical error or negligence caused you or a loved one to become ill or injured (or if it worsened an existing medical condition), you could recover compensation.
A medical malpractice lawyer helps you seek financial recovery for damages such as:
- Medical care and treatment – both current and future
- Lifecare or long-term care
- Prescriptions and medical devices
- Lost pay
- Reduced earning capacity
- Pain and suffering
- Diminished quality and enjoyment of life
- Loss of consortium
- Wrongful death
- Collect medical records, test results, and other evidence of medical treatment
- Review previous malpractice claims or complaints
- Secure expert testimony
- Interview witnesses
Call Today for a Free Consultation
Sometimes the best way to hold a negligent doctor accountable is with a misdiagnosis or failure to diagnose lawsuit.
Call Kemmy Law Firm, P.C. at (830) 264-6297 or reach out online to schedule a free, no-risk consultation. You pay nothing up front, and we are paid only when you recover compensation.
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"They made a significant recovery for me."
My husband was injured in a workplace accident in 2022. The first law firm he went to looked at his case and turned it down. he had all but decided to give up when he called the Kemmy's. They took his case and ran with it. In the end, they made a significant recovery for me. I highly recommend the Kemmy Law Firm.
- Anna O. -
"I would recommend the Kemmy Law Firm 100 times out of 100."
We could not be more satisfied with Kemmy Law Firm. They represented us, and especially my father with respect and efficiency and earned every bit of what the law allowed. This helped my mother more than I can articulate. I would recommend the Kemmy Law Firm 100 times out of 100.
- Iaz P. -
"I wholeheartedly endorse Kemmy Law without reservation."
Working with Tom and Nick Kemmy on my case was a far better experience than I expected going in. They were thoughtful and listened to what I had to say. It was also gratifying that Kemmy Law Firm is truly a family affair with the Dad, Thomas, four sons and a daughter in law, Nick's wife, working together. If you're looking for legal representation, I wholeheartedly endorse Kemmy Law without reservation.- Jerry G. -
"Not only were they my lawyers they became like family."
I honestly got to say Tom and Danny got to be two of the best attorneys in the state of Texas I was injured in the oilfield accident about 3 years ago and they fought for me in my case like some sharks hands down best attorneys out there not only were they my lawyers they became like family thanks Kemmy law firm- Jeremiah L. -
"Showed a deep understanding of my personal situation and demonstrated empathy."
Ben Kemmy and his awesome staff showed a deep understanding of my personal situation and demonstrated empathy throughout the legal process. This helped me a great deal to get through this difficult time. I recommend Kemmy Law Firm to all who need the services .
- Jim P. -
"Nick was very open and transparent."
Mr. Kemmy comes from good stock and was referred to us by one of the best. And if he's good enough for him to lay his reputation on the line, he's good enough for me. Nick was very open and transparent, and shared some of our frustrations. We were very please with him representing us. Thanks again Nick.
- Richard G. -
"They were so patient and explained everything in detail."
Everyone we worked with was amazing. They were so patient and explained everything in detail. They worked with my mom and then when she passed away the game plan changed and they made sure to explain everything. We were blessed to have them on our team. I would highly recommend them.
- Dora M. -
"Very easy to talk to, sincerely cared about my situation."
I was involved in an accident and was injurred. My co-worker recommended Seamus from Kemmy Law. I am so greatful that I followed through with the recommendation. He was very easy to talk to, sincerely cared about my situation, and kept me informed with the process, just all around amazing! Thank you Seamus!!!- Holly O.
