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Kemmy Law Firm, P.C. Kemmy Law Firm, P.C.
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Odessa, TX

Odessa Medical Malpractice Lawyer

Ready to Hold Negligent Healthcare Providers Accountable for Your Injuries

When you or a loved one seeks medical care, you place your trust in healthcare professionals to provide competent and effective treatment. Unfortunately, mistakes can happen, and when they do, the results can be devastating. If you believe you have been harmed due to medical negligence, Kemmy Law Firm, P.C. is here to help. Our Odessa medical malpractice attorneys have the experience and dedication necessary to pursue justice and compensation for you and your family.

Call (830) 264-6297 or contact us online today to learn more about our knowledgeable and skilled legal team.

What is Medical Malpractice?

Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, resulting in injury or harm to a patient. The "standard of care" refers to the level and type of care that a reasonably competent healthcare professional with similar training would provide in the same circumstances. When a provider deviates from this standard, their actions (or inactions) may constitute medical negligence.

Not all unfavorable medical outcomes are the result of malpractice. However, if a healthcare provider’s negligence causes preventable harm, they may be held legally accountable. Medical malpractice cases are complex and often require expert testimony, thorough investigation, and detailed knowledge of medical standards and legal processes.

The Elements to Prove Medical Malpractice in Texas

In Texas, proving a medical malpractice claim involves establishing four key elements:

  1. Doctor-Patient Relationship: The plaintiff must demonstrate that a professional relationship existed between them and the medical provider. This confirms that the provider owed a duty of care to the patient.
  2. Breach of Standard of Care: The healthcare provider must have failed to act in accordance with the accepted medical standard of care. Expert witnesses are often required to define and explain this standard.
  3. Causation: The plaintiff must show that the provider’s negligence directly caused their injury or worsened their condition. This step is critical, as it ties the breach of care to the harm suffered.
  4. Damages: The patient must prove that the injury resulted in measurable damages, such as medical expenses, lost wages, pain and suffering, or diminished quality of life.

Texas also has specific laws regarding medical malpractice, including damage caps and strict filing deadlines. It is essential to work with an experienced Odessa medical malpractice attorney to navigate these legal complexities.

Common Types of Medical Malpractice

Medical malpractice can occur in various forms. Some of the most common types include:

  • Misdiagnosis or Delayed Diagnosis: Failing to diagnose a condition correctly or in a timely manner can lead to unnecessary suffering or preventable complications.
  • Surgical Errors: Mistakes during surgery, such as operating on the wrong site, leaving surgical instruments inside the patient, or causing unintended damage to organs, can have life-threatening consequences.
  • Medication Errors: Prescribing the wrong medication, administering incorrect dosages, or failing to account for drug interactions can result in severe harm.
  • Birth Injuries: Errors during prenatal care or delivery, such as improper use of forceps or failure to address fetal distress, can cause lasting harm to both the mother and baby.
  • Anesthesia Errors: Mistakes in administering anesthesia, such as providing too much or too little, can lead to severe complications or even death.
  • Hospital Negligence: Unsanitary conditions, understaffing, or inadequate training can contribute to medical malpractice within hospitals and other healthcare facilities.

Who is Liable for Medical Malpractice?

Determining liability in a medical malpractice case can be complex, as multiple parties may share responsibility. Potentially liable parties include:

  • Doctors and Surgeons: Physicians who make diagnostic errors, surgical mistakes, or fail to provide adequate care can be held accountable for their negligence.
  • Nurses: Nurses who fail to monitor patients, administer medications properly, or follow protocols may be liable for malpractice.
  • Hospitals and Healthcare Facilities: Hospitals can be held responsible for employing unqualified staff, maintaining unsafe conditions, or failing to establish proper procedures.
  • Pharmacists: Pharmacists who dispense incorrect medications or fail to identify dangerous drug interactions may also be liable.
  • Specialists: Specialists such as anesthesiologists, radiologists, or obstetricians may be named in a malpractice case if their negligence contributed to the patient’s harm.

Why Choose Us?

At Kemmy Law Firm, P.C., we understand the physical, emotional, and financial toll that medical malpractice can have on victims and their families. With decades of legal experience and a commitment to personalized service, our Odessa medical malpractice attorneys are prepared to:

  • Thoroughly investigate your case
  • Work with medical experts to establish negligence
  • Build a compelling legal strategy
  • Advocate for maximum compensation on your behalf

We believe in holding negligent healthcare providers accountable and helping our clients rebuild their lives after suffering preventable harm. Our team is dedicated to delivering results while maintaining compassion and understanding throughout the legal process.

Contact us today at (830) 264-6297 to schedule an initial consultation.

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The Kemmy Difference

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. 

LET OUR FAMILY PROTECT YOURS

Hear How We've Made A Difference

Check out some of our most recent videos.
    • Our Values Set Us Apart
      Kemmy Law Firm, P.C. was built to help make our communities safer by holding negligent and reckless individuals and businesses responsible for the harm they cause. Our attorneys have over 50 years of experience as trial lawyers and know all too well that, many times, the only way to hold someone responsible is through our legal system. By making sure the at-fault party is financially accountable, we hope to force them to change their ways and reduce the risk of them hurting others in the future.
    • We Take Our Commitment to Our Clients Seriously
      Many clients come to us after suffering painful and often catastrophic injuries and losses. We don’t take our responsibility to them lightly, and through it all, we will fight to get you the care, guidance, and proper compensation you need to cover physical, emotional, and financial damages, whether through an insurance settlement or trial verdict.
    • We Limit Our Cases and Prioritize Quality Representation
      When it comes to our legal services, we value quality over quantity. Our firm limits the number of cases we take on so we can provide each client with the personal attention they deserve. We will keep you informed about the status of your case and advise you accordingly. We promise to always speak honestly and directly about your case while handling each stage of the legal process with compassion and sincerity.
    • We Have a Track Record of Success
      We are proud to have helped hundreds of Texas residents protect their rights and recover millions of dollars in compensation for their physical, psychological, and financial injuries. To maintain our track record of success, we treat clients as we would our own family. By focusing on the needs of our clients and leveraging our skills and resources, we have a history of delivering exceptional and highly effective representation.
    
    
    • $20 MILLION Oil and gas case involving significant economic harm
    • $19.4 MILLION Jury Verdict Wrongful Death of an elderly woman at Assisted Living facility.
    • $13.5 MILLION Jury Verdict Patient 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 MILLION Jury Verdict Marine veteran suffers catastrophic harm after a dangerous fall
      
      
      We Know the Stakes The Kemmy Experience

      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.

      
      
      
      
      • We Perform Independent Investigations
        Before we file a lawsuit, we want to have as much information about what happened as possible. We do not rely on brief police reports or the investigation of the other party and their insurer. We will work to gather all of the evidence available, carefully review it, and ascertain liability.
      • We Hire Expert Witnesses
        Whether you were in a catastrophic 18-wheeler crash or an oil field accident, one or more expert witnesses may be necessary to support your case. Depending on the circumstances, we may hire a medical expert, industry expert, engineer, economist, vocational expert, and/or accident reconstructionist expert.
      • We Draft and File the Complaint Itself
        The complaint, which is also known as the petition, is the document you file with the court to formally begin your lawsuit. This document should include basic information about you and the other party, what happened, why the other party is at fault, and your damages.
      • We Make Sure the Defendant Is Served
        Part of the civil legal process is properly serving the defendant(s) with a copy of your complaint and a summons to court. We will work to make sure the defendant receives proper service of process so that your case can move forward.
      • We Will Wait for the Defendant’s Response
        After the defendant is served, they may file an appearance in court as well as a response, which is a document providing information regarding why they believe they are not liable. If the defendant fails to respond, we may be able to seek a default judgment.
      • We Leverage the Discovery Process
        After the complaint and the response, we enter the discovery process. During this time, we exchange documents with the other party, which enables us to gather more information on the strengths and weaknesses of your claim.
      • We Utilize Pre-Trial Motions and Negotiations

        There is a great deal to do before getting to trial – if your claim even goes to trial. Again, many personal injury claims are resolved by a pre-trial settlement, which is something we may pursue through negotiations. We may also file one or more pre-trial motions and ask the judge to make certain legal decisions before trial.

      • We Are Aggressive at Trial
        If your case is not resolved through a pre-trial settlement, then our experienced trial attorneys will prepare for court. During a trial, lawyers present their arguments through evidence and testimony from witnesses and experts. Once each side has completed their arguments, the judge or jury will decide the outcome of the case. If your claim is decided in your favor, the judge or jury will then decide how much compensation you will receive.
      • "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.

        Let Our Family Protect Yours

        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.

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