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.
Filing a Pharmaceutical Lawsuit
New Mexico allows victims of medication errors and other types of malpractice the right to pursue compensation. Most medical practitioners carry malpractice insurance, as do hospitals and healthcare facilities. A pharmaceutical attorney with the Kemmy Law Firm would likely pursue compensation through an insurance claim. Doctors and medical facilities often prefer to settle lawsuits out of court. Our medication errors lawyers can negotiate a settlement on your behalf. If negotiations fall through or your damages exhaust the policy limits of a malpractice policy, you have the option of filing a medical malpractice lawsuit.
-
Evidence in a Medication Errors Case
Proving liability in a medication errors case requires evidence. In most pharmaceutical negligence cases, you need a qualified medical expert to support your claim.
To show negligence, you must have a practitioner with similar training and education to verify that a medication error caused your injuries.
Other evidence used in a pharmaceutical lawsuit includes:
- Internal reports
- Exam notes
- Witness statements
- Test results
-
Time Limits for Filing a LawsuitUnder New Mexico statutes, you have three years to file a medical malpractice lawsuit. Gathering evidence and expert testimony takes time. It is in your best interest to contact a medication errors attorney as soon as possible to exercise your legal rights.
Understanding Medication Errors
Medication errors are adverse medical events caused by incorrect or inappropriate diagnosing, dosing, or dispensing. According to the National Institutes of Health, preventable medication errors harm hundreds of thousands of patients each year.
Medication errors cause harm through adverse reactions, dangerous interactions, or overdose. When patients are administered the incorrect drug or dose, they are not receiving proper treatment for a diagnosed illness or injury and may become sicker as a result.
As healthcare consumers, we expect doctors, nurses, and pharmacists to give us medication that helps, not harms. When a practitioner’s negligence directly causes injury to a patient, pursuing compensation might be the only recourse.
-
$20 MILLION Oil and gas case involving significant economic harm
-
$13.5 MILLIONJury VerdictPatient paralyzed after nurses failed to tell a doctor about a change in condition
-
$8 MILLION Young college student suffers brain injury from negligent conduct
-
$7.5 MILLION West texas woman becomes brain injured when basic safety rules were not followed
-
$6.2 MILLIONJury VerdictMarine veteran suffers catastrophic harm after a dangerous fall
-
$6 MILLION Children who were abused by an employee of a company that was entrusted with the care of children
All of our clients have families of their own. They are decent, hardworking people, and come to uswith complex business issues or because their lives have been changed by a catastrophic injury.
Leading Medication Errors & Drugs
According to the Academy of Managed Care Pharmacy, carelessness or gross negligence are the most significant factors in medication errors.
These preventable mistakes occur at any point along a patient’s healthcare journey and include:
- Prescribing incorrect medication for patient’s illness, injury, or condition
- Giving a wrong dose with consideration for the patient’s condition, weight, and other factors
- Failure to note patient’s allergies, current medication, or addiction issues
- Failure to adequately warn or educate the patient of all associated risks
- Failure to take reasonable measures to avoid dangerous drug interactions
Potential Compensation for Medication Errors
When you or a loved one suffers due to a medication error, you deserve compensation for all the ways that your life is affected.
A New Mexico pharmaceutical lawyer can review your injuries and prognosis. Generally, the more extensive and severe the injuries, the higher the potential compensation. Each case is unique, but the most commonly sought damages for medication errors are:
- Disfigurement
- Lost wages
- Pain and suffering
- Disability
- Medical treatment and care (current and future)
Some medication errors are fatal. If you lost a family member from a medication error, you could pursue compensation through a wrongful death claim.
When Medication Errors Become Pharmaceutical Lawsuits
Even the most conscientious and experienced medical professionals make mistakes.
Patients sometimes have adverse reactions, such as a commonly reported side effect.
These errors and circumstances typically do not meet the standard of negligence needed
for legal action.
A pharmaceutical lawyer can evaluate your case to determine if
it contains the necessary elements of medical malpractice.
-
Duty of CareHealthcare providers owe their patients a duty of care when prescribing and dosing medication. According to accepted medical practices, they should take the same reasonable measures as a similarly trained colleague. When it comes to prescribing medication, healthcare providers must obtain information about a patient’s allergies or other medications they might be taking.
-
Breach of DutyWhen healthcare professionals deliver substandard care resulting in injury or illness from a medication error, they can be liable for breach of duty (negligence).
-
CausationCausation is a legal term that shows a clear link between a medical professional’s negligence and a patient’s injuries or illness.
-
DamagesThis injury caused economic or emotional damage (or both).
Call the Kemmy Law Firm Today
Medication errors happen more frequently than you might think. If a medical practitioner’s negligence in prescribing or dosing medication harmed you or a loved one, we can help.
Careless doctors, nurses, pharmacists, and drug manufacturers should be held accountable for your pain and loss.
Contact the Kemmy Law Firm today for a free, no-risk consultation. Reach out online or call us at (830) 264-6297.
-
"You could not hire a better attorneys than the Kemmy's."
My husband was involved in an industrial accident & we hired the Kemmy law firm to represent him with that case. You could not hire a better attorneys than the Kemmy's. They went above & beyond to help him get what he deserved. If you are searching for a lawyer in Texas you need to hire them!!!
- Colleen B. -
"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. -
"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. -
"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. -
"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. -
"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. -
"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. -
"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.
