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

San Antonio Birth Injury Attorney

Let Our Firm Help You & Your Family Today

Welcoming a new life into the world should be a joyful experience for families. Unfortunately, medical negligence during labor and delivery can lead to devastating consequences, such as birth injuries. At Kemmy Law Firm, P.C., we understand the emotional and financial toll these injuries take on families, and we are here to help. If your child has suffered a birth injury due to negligence, our experienced Odessa birth injury lawyers are ready to fight for the justice and compensation you deserve.

To discuss your case with our compassionate legal team, call (830) 264-6297 or contact us online today.

What is a Birth Injury?

A birth injury refers to any harm or trauma sustained by a baby during the birthing process. These injuries can range from minor and temporary to severe and life-altering. While not all birth injuries are preventable, many occur due to the negligence or improper actions of healthcare providers.

Birth injuries differ from congenital disabilities, which are caused by genetic or environmental factors before birth. Birth injuries, on the other hand, often arise from complications during labor and delivery, or from inadequate medical care.

Common Types of Birth Injuries

Birth injuries can affect various parts of a newborn’s body and may lead to short-term or long-term complications. Some of the most common types of birth injuries include:

  • Cerebral Palsy: Caused by oxygen deprivation or trauma to the brain during delivery, cerebral palsy is a neurological disorder that affects movement, posture, and coordination.
  • Brachial Plexus Injuries: These injuries occur when the nerves controlling the arms and hands are stretched or torn during delivery, leading to conditions like Erb’s Palsy.
  • Fractures: Broken bones, particularly in the clavicle or collarbone, can result from improper delivery techniques or excessive force.
  • Facial Paralysis: Excessive pressure on the baby’s facial nerves during delivery can lead to temporary or permanent paralysis.
  • Hypoxic-Ischemic Encephalopathy (HIE): This condition arises when the baby’s brain does not receive enough oxygen during birth, potentially causing permanent brain damage.
  • Caput Succedaneum and Cephalohematoma: Swelling or bleeding under the scalp can occur from prolonged or difficult deliveries.
  • Intrauterine Fetal Demise: Tragically, some birth injuries can result in stillbirth or death shortly after delivery.

Common Causes of Birth Injuries

Many birth injuries are preventable and occur due to negligence or errors made by healthcare professionals. Some common causes include:

  • Failure to Monitor: Neglecting to properly monitor the baby’s heart rate and the mother’s condition during labor can lead to undetected complications.
  • Improper Use of Tools: The misuse of forceps or vacuum extractors can cause significant harm to both the mother and child.
  • Delayed C-Section: Failing to perform a timely cesarean section in cases of fetal distress can lead to oxygen deprivation and other serious complications.
  • Medication Errors: Administering the wrong medication or incorrect dosages can create dangerous situations during labor and delivery.
  • Prolonged Labor: Prolonged or obstructed labor increases the risk of injury to both the mother and baby, especially if healthcare providers fail to intervene appropriately.
  • Inadequate Training: Inexperienced or improperly trained medical staff may make critical mistakes during delivery.

Determining Liability for a Birth Injury

If your child has suffered a birth injury, determining who is responsible is a critical step in seeking justice. Potentially liable parties may include:

  • Doctors: A physician may be held accountable for failing to meet the standard of care during delivery.
  • Nurses: Negligence in monitoring the mother and baby’s health can lead to injuries.
  • Hospitals: The facility may be liable if improper policies, staffing shortages, or defective equipment contributed to the injury.
  • Other Medical Professionals: Anesthesiologists, midwives, or other specialists involved in the delivery process can also be held accountable if their actions caused harm.

To prove liability, your Odessa birth injury lawyer will gather and analyze critical evidence, such as medical records, expert testimony, and witness statements. At Kemmy Law Firm, P.C., we leave no stone unturned in building a strong case on your behalf.

How Kemmy Law Firm, P.C. Can Help

At Kemmy Law Firm, P.C., we have decades of experience handling medical malpractice and birth injury cases. Our dedicated legal team will:

  • Investigate Thoroughly: We will examine every detail of your case to uncover negligence and identify the responsible parties.
  • Work with Experts: Collaborating with medical experts, we will establish how your child’s injury occurred and how it could have been prevented.
  • Pursue Maximum Compensation: Birth injuries often lead to lifelong medical expenses, therapy, and other costs. We will fight to secure compensation for medical bills, lost wages, pain and suffering, and more.
  • Provide Compassionate Support: We understand how challenging this time is for your family. Our team is here to guide you through the legal process with care and empathy.

Contact us today at (830) 264-6297 for an initial consultation. Let us help you take the first step toward healing and recovery.

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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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