Medical Malpractice Laws and Lawsuits
When a medical professional delivers substandard care, innocent people suffer. If you or a loved one were harmed by medical malpractice, you could be entitled to compensation.
You have a limited time to pursue compensation for medical malpractice.
Medical Malpractice Laws – An Overview
Medical malpractice occurs when a medical professional fails to uphold the generally accepted standard of care, causing patients’ illness, injury, and death.
- According to Johns Hopkins Medicine, medical errors are the third leading cause of death in America.
- More than 250,000 people die each year from medical mistakes, second only to heart disease and cancer.
- Countless others suffer from unnecessary complications, side effects, and secondary illness.
Medical malpractice claims vary regarding the type of negligence and the resulting injuries. The common thread is the difficulty victims face in proving their claims and obtaining compensation.
With offices in San Antonio and Odessa, TX, and Hobbs, NM, we are here to help you pursue medical malpractice compensation through an insurance claim or lawsuit.
Schedule a free consultation - no fees unless we win or settle your case.
All of our clients have families of their own. They are decent, hardworking people, and come to us with complex business issues or because their lives have been changed by a catastrophic injury.
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$20 MILLION Oil and gas case involving significant economic harm
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$19.4 MILLION Jury Verdict Wrongful Death of an elderly woman at Assisted Living facility.
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$13.5 MILLION Jury Verdict Patient paralyzed after nurses failed to tell a doctor about a change in condition
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$8 MILLION Young college student suffers brain injury from negligent conduct
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$7.5 MILLION West texas woman becomes brain injured when basic safety rules were not followed
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$6.2 MILLION Jury Verdict Marine veteran suffers catastrophic harm after a dangerous fall
We File Medical Malpractice Insurance Claims
An attorney can determine if the negligent provider carries medical malpractice insurance. Physicians and other medical professionals are not required to have this coverage, but many do. Most hospitals and medical facilities require medical malpractice coverage. Filing a claim against provider’s medical malpractice insurance is complex. Insurance companies do not readily pay claims and often look for reasons to avoid financial responsibility. Working with an attorney familiar with medical malpractice insurers and law could increase your chance of recovering compensation. The Kemmy Law Firm has successfully negotiated settlements to maximum policy limits.
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Determining Liability in a Medical Malpractice Claim
A skilled attorney connects your injury or illness (or a loved one’s death) to a medical provider’s negligence. It is up to the person seeking compensation (the plaintiff) to show how a medical error or carelessness caused or contributed to your suffering.
Proving liability in a medical malpractice case consists of four factors:
- 1. Establish that the provider owed the patient a duty of care to uphold accepted medical standards.
- 2. Show that the provider breached this duty for some reason, through recklessness, omission, or intentional disregard.
- 3. Demonstrate how this negligence caused harm to the patient.
- 4. Valuate damages for the patient’s physical, emotional, and financial suffering.
With offices in San Antonio, Odessa, TX, and Hobbs, NM, we are here to help you pursue medical malpractice compensation through an insurance claim or lawsuit.
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Statute of Limitations for Medical MalpracticeIn Texas, you have two years to file a medical malpractice claim. In New Mexico, you have three years.
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Medical Malpractice Claims Process
Filing a medical malpractice claim on your own is a complicated process. In addition to the procedures and deadlines imposed by the insurance company, each state has specific requirements.
For example, New Mexico requires you to determine if the negligent doctor is a “qualified healthcare provider.” In Texas, you must give written notice to the provider. You must also retain a medical expert to draft an expert opinion.
You should consider the impact of dealing with the insurance company if you are unwell or a caregiver to a loved one. It might be in your best interest to work with an experienced medical malpractice attorney who can remove this burden from you.
Generally, the medical malpractice claims process involves:
- Collecting medical documentation and evidence
- Hiring a medical expert
- Determining a medical provider’s liability for your injury
- Determining your medical provider’s insurance coverage
- Calculating the value of your economic and non-economic damages
- Filing a medical malpractice lawsuit before the statute of limitations runs out
- Entering into medical malpractice settlement negotiations with the insurer
- Resolving your claim or taking it to trial
A medical negligence lawyer often files a lawsuit to obtain information during discovery. Many medical malpractice cases don’t go to court. Filing a lawsuit might compel a reluctant insurer to negotiate rather than risk a trial.
Not Every Mistake Is Medical Malpractice
Not every medical mistake, poor outcome, or side effect is necessarily negligence. Medicine is a science, but it is far from perfect. Physicians often make tough calls and use their best judgment to diagnose and prescribe a treatment plan.
Physicians (and other healthcare professionals) are considered negligent when they:
- Fail to use their knowledge and skills to uphold accepted levels of care that another equally trained and experienced provider would deliver in similar circumstances.
- Fail to adhere to the standard of care for their medical specialty or focus (such as oncology).
- Deliver substandard care through negligence or intentional disregard.
Successful medical malpractice cases usually include a medical expert to show how a negligent provider deviated from accepted standards of care.
Find out if your case was medical malpractice. Talk to an attorney at (830) 264-6297
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"They made a difficult situation more at ease by treating us with dignity, grace and like family."
Our child was involved in a serious injury that was unexpected and devastating. Tom and Jac Kemmy were quick, professional and supportive throughout the whole process. They responded to all of our questions and helped in every way possible. They made a difficult situation more at ease by treating us with dignity, grace and like family.
- Harrison 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.
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"I can’t thank you all enough for what you have done for me and my family."
I had an amazing experience with the Kemmy law firm. I was facing some really tough circumstances with my case but Tom and his incredible staff were able to get me over double the money that I was initially looking at at the start of my case. I can’t thank you all enough for what you have done for me and my family.
- Rod C. -
"They made a significant recovery for me."
My husband was injured in a workplace accident in 2022. The first law firm he went to looked at his case and turned it down. he had all but decided to give up when he called the Kemmy's. They took his case and ran with it. In the end, they made a significant recovery for me. I highly recommend the Kemmy Law Firm.
- Anna O.
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.
Medical Malpractice Lawsuit Process
If negotiations fall through, you can trust the Kemmy Law Firm’s skilled trial attorneys to pursue the best possible outcome. We have recovered damages in verdicts for clients when the insurer fails to do the right thing.
Here is a basic outline of the lawsuit process:
- Filing the complaint
- Serving the defendant medical provider(s) with notice
- Going through discovery
- Analyzing the additional evidence we obtain and how it impacts your claim
- Asking the judge to make substance and procedural decisions in your favor
- Entering settlement negotiations (sometimes these are court-ordered)
A medical malpractice claim can be settled at any point in this process. If not, your attorney schedules a pre-trial conference, selects a jury, and presents your case at trial.
Wrongful Death from Medical Malpractice
Certain surviving family members may be entitled to compensation through a medical malpractice wrongful death claim. Texas and New Mexico have different laws defining who is entitled to file a wrongful death suit and recover compensation.
New Mexico Medical Malpractice Law
If the medical malpractice that harmed you or your loved one occurred in New Mexico, your rights likely fall under the New Mexico Medical Malpractice Act. This law defines which medical professionals are “qualified healthcare providers” by maintaining a certain level of insurance and paying a surcharge to fund the New Mexico Patient Compensation Fund.
Call for a Free Consultation
If you or a loved one has injuries and damages caused by medical malpractice, you could be entitled to compensation.
Schedule a free consultation - no fees unless we win or settle your case (830) 264-6297
