Law Firm, P.C.
San Antonio: (210)735-2233 Odessa: (432)400-0000
Hospital Negligence Kemmy Law Firm Practice Area
Kemmy Law Firm, P.C. - Medical Malpractice Lawyers
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.
in the State of Texas
Unlike private individuals, companies, or organizations, you cannot sue the government except under very limited circumstances described in a statute. In Texas, the statute is called the Texas Tort Claims Act, and it allows lawsuits for negligence to proceed if they fall within two exceptions to sovereign immunity. If the negligence does not fit within the two exceptions, a negligence lawsuit is still barred by law.
Even if the medical negligence of a state employee or hospital falls within the narrow contours of Tort Claims Act, there are still more requirements in order to be able to file a lawsuit. And you have to keep your eye on the ball.
The Texas Tort Claims Act requires a “notice of claim” to be filed with the appropriate government unit within six months of the date that the government or its employee negligently caused injury. The law requires the notice to contain a description of the injury, how it happened, and the time and place it occurred. Some cities have even shorter notice time limits. For the City of Houston, for example, the notice deadline is only 90 days.
If you are a victim of medical malpractice, it is extremely important that you speak to a Board Certified Trial Lawyer with experience in field of medical malpractice. Proving up your case and showing what actually went on behind closed hospital doors is a daunting challenge and should only be undertaken by a lawyer with experience in the field of medical negligence. With over 30 years of experience in medical malpractice, Tom Kemmy can provide you with the expertise and representation that you need.
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
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.