Gavel and stethoscope on top of medical claim form

Medical Negligence Lawyers in Hobbs, NM

Medical negligence occurs when a healthcare professional fails to provide an accepted standard of care and causes injury, illness, or loss of life. Also called medical malpractice, you could be entitled to compensation if sub-standard care harmed you or a loved one.

What Is Medical Negligence?

Medical negligence describes sub-standard care that harms a patient’s health. This level of care is determined by what a prudent, similarly skilled, and educated health professional would provide in comparable circumstances.

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How Common Is Medical Negligence?

According to a study conducted by researchers at Johns Hopkins, medical negligence is the third-leading cause of death in the United States. Only cancer and heart disease take the lives of more Americans than medical malpractice.

Medical mistakes account for more than 250,000 deaths every year. Countless more patients suffer injuries, illnesses, and complications, many of them preventable. Medical negligence can create long-lasting physical, emotional, and financial harm.

Types of Medical Negligence

The most common types of medical negligence are:

To be considered medical negligence, a doctor (or other licensed healthcare professional) must fail to use their knowledge and experience to uphold the standard accepted level of care.

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What are Standards of Care?

Standards of care are the professional and medical guidelines for healthcare providers to ensure that patients receive consistent, competent medical care. Standards of care incorporate the degree of care and skill and available medical knowledge.

Specific standards of care may vary according to a provider’s specialty. For example, a sports medicine doctor has a different definition and expectation of care than an emergency room physician.

How Do You Know if You Have a Medical Negligence Claim?

Medicine is not a perfect science. A poor outcome, side effects, or an error does not necessarily qualify as medical negligence.

A hospital neglect lawyer can determine if your case contains the four required elements of a medical malpractice claim:

  1. Establish that the healthcare provider owed the patient a duty of care according to generally accepted standards.
  2. Prove that the healthcare provider breached this duty for some reason, either through negligence or intentional disregard.
  3. Show that this negligence (or dereliction of duty) caused harm.
  4. Determine the economic and emotional damages resulting from the patient’s injuries.

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They fought for us as if they were fighting for their own family.


If you’re looking for a law firm, where you’re not just another client. I can say from personal experience, you have found the right place at The Kemmy Law Firm. Everyone there always treated us amazingly. Not at any time were we in the dark, not knowing what was going on. Either Tom, Nick or Melissa would give us updates often on the case and explain to us the next steps. Which this made us feel like we were the only case they had. They fought for us as if they were fighting for their own family. They were compassionate about making sure we were going to be all right during the case as well as the years after the case. We are so thankful we found the Kemmy Law Firm and you will be too. Thank you Tom, Nick, and Melissa and everyone at The Kemmy Law Firm.

  Stacey Mitchell   |   07.19.2019   |   See All Reviews

How a Medical Negligence Attorney Can Help

Medical negligence is a highly-specialized and complex area. If you believe that you suffered harm due to a negligent hospital or provider, consider talking to a New Mexico attorney with experience in this area.

A hospital negligence lawyer helps you navigate the insurance claims and legal process. You benefit from having a medical negligence attorney protect your rights, and:

  • Compile evidence of liability or wrongdoing, such as test results, witness statements, and medical records
  • Obtain medical experts whose testimony is often crucial to establishing negligence
  • Communicate with the insurance company or the defendant’s attorney
  • Assess all damages related to your claim
  • Negotiate a fair settlement

Hospitals and healthcare providers carry medical malpractice insurance. Many medical negligence cases end with an insurance settlement and an agreement that you don’t pursue legal action.

You Have 3 Years to File a Medical Malpractice Lawsuit

According to the New Mexico statutes, you have three years from the date that the malpractice occurred to file a lawsuit. It takes time to build a compelling case. If you wait too long, you could miss your opportunity to recover compensation.

Damages You Could Recover

Each case is different, but many medical negligence claims pursue compensation for damages such as:

  • Medical care and treatment (current and future)
  • Rehabilitation and skilled nursing
  • Prescriptions and medical equipment
  • Adaptive devices and necessary changes to your home (for example, wheelchair accessible)
  • Lost pay
  • Disability
  • Disfigurement
  • Pain and suffering
  • Loss of consortium or affection
  • Wrongful death
Our Verdicts and Settlements
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New Mexico Oil Field Worker Suffers Back Injury

We obtained a $2 Million settlement for a New Mexico Oil Field worker.

18-Wheeler Parks on Side of Road and Causes Catastrophic Injury

We recovered a confidential 7 figure settlement (in the millions) for a West Texas family man.

Child Suffers Closed Head Injury at Amusement Park

The Kemmy lawyers secured a $2.3 Million settlement.

Permanent Brain Injury

The Kemmy firm secured an $8 Million settlement on behalf of a client who suffered a brain injury when basic safety rules were violated.


Call Today for a Free Consultation

The Kemmy Law Firm has recovered over $50 million in damages for clients harmed by negligent doctors or hospitals. We aggressively pursue compensation and justice for clients throughout New Mexico.

There are no upfront fees, and you owe us nothing unless you recover compensation. Contact the Kemmy Law Firm today to find out how our medical negligence lawyers can help you or a loved one.

Call 575-222-8549 or contact us online for a free, no-risk consultation.

Personal Injury Attorneys & Trial Lawyers Let Our Family Protect Yours

Kemmy Law Firm, P.C. Icon Kemmy Law Firm, P.C.

1601 North Turner Street Suite 417, Hobbs

5.0 12 reviews

  • Avatar R N ★★★★★ 2 months ago
    Nick was very easy to deal with. Very professional and understood the case very well. I hope to not have to work with him again (because not wanting another injury), but, if I do, I will work with again. Thanks for everything!
  • Avatar Manuel Arteaga ★★★★★ 2 months ago
    We were looking for someone to takeour case and We were unresponsive from some layers, either from well recogniced firms and I'm so grateful for that because since the first day that we spoke with Nick we knew that we will be well … More represented. He was very honest, clear, diligent and communicative thru the process. His work ethics are first class. I put him as a role model for my kids to know How a Profesional Person should be. Words are less of how greatfull we are to count with Him to represent us. Thank you Nick and your Team. Many Blessings!
  • Avatar Cynthia Garza ★★★★★ 9 months ago
    This law firm is professional , diligent and cares about their client. They were
    able to settle our suit at the first round of mediation. We were well informed about the process and knew what to expect.. The staff kept us informed and responded
    … More in a timely fashion to all correspondence .
  • Avatar Stuart Kunkel ★★★★★ 10 months ago
    I should have called Kemmy Law Firm, P.C. first
    For six months I have been dealing with an insurance company that would not reimburse me for a rental car I paid for out of pocket.
    I spoke to 10 different attorneys and nobody could help
    … More me.
    Then I called the Kemmy Law Firm, P.C. during a 15 minute phone call I got a Professional, Direct, Legal consultation that set me on the right course to handle my situation.
    The Kemmy Law Firm, P.C. is Polite, Respectful, and Sincerely Care about You enough to explain the legality of the Law with patience.
  • Avatar Jerry Guillen ★★★★★ 10 months ago
    Tom Kemmy helped me with a case about 20 years ago involving an insurance claim I had issues with and we were able to get the insurance to pay their part. I was very satisfied with Tom’s service. Also throughout the years since Tom has … More referred me and guided me in the right direction for legal questions. He is certainly a great person also because I personally know of him helping a grieving family that suffered the loss of 2 family members and he helped them gracefully. Thanks Tom for all you do.

Contact Kemmy Law Firm Today

(575) 222-8549 ONLINE FORM

Get a free consultation. We do not charge up-front fees, and you owe nothing unless you recover compensation.

When you work with us at Kemmy Law Firm, you are working with a family run firm with more than 50 years of combined experience. We are dedicated and successful trial attorneys practicing in West TX, Hobbs, NM, Midland-Odessa, and across the Permian Basin. Our team handles everything from catastrophic injury claims to complex business matters. We are here to fight for you. We dedicate our time and attention to your case and use every resource available to maximize your claim and obtain the best possible outcome.