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.
The Kemmy Law Firm accepts many types of medical malpractice cases, including:
- Failure to diagnose
- Delayed diagnosis
- Misdiagnosis
- Failure to treat
- Gynecological negligence
- Birth injuries
- Surgical errors
- Anesthesia errors
- Medication errors
- Pharmaceutical negligence
- Dental errors
- Hospital negligence
- Hospital-acquired infections
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 by calling (830) 264-6297 today. 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.
Medical Malpractice Laws in Texas & New Mexico
Medical malpractice occurs when a healthcare provider breaches the standard of care and causes injury or death to a patient. The standard of care is what a reasonably prudent provider would do in similar circumstances.
To succeed in a medical malpractice claim in Texas & New Mexico, the plaintiff (injured patient or their representative) must prove the following four elements:
- Duty of Care: You must show that the healthcare provider owed you a duty of care.
This generally means proving that a provider-patient relationship existed — such as when a doctor agreed to treat you or was responsible for your care. - Breach of the Standard of Care: You must prove that the provider breached the standard of care. In Texas, this means the provider failed to act as a reasonably prudent provider would have in the same or similar circumstances.
- Causation (Cause in Fact and Proximate Cause): You must prove that the provider's breach caused your injury:
- Cause in Fact: The injury would not have happened "but for" the provider’s negligence.
- Proximate Cause: The injury was a foreseeable result of the provider’s actions.
- Damages: You must prove that you suffered actual harm or damages as a result of the negligence.
In Texas, the claimant must provide written notice of the claim at least 60 days before filing a lawsuit.
Within 120 days of filing, the claimant must serve an expert report from a qualified medical professional outlining the elements above.
On the other hand, before filing a medical malpractice lawsuit in New Mexico, claims against qualified healthcare providers must first be reviewed by the New Mexico Medical Review Commission.
Find out if your case was medical malpractice. Talk to an attorney at (830) 264-6297
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"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.
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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. -
"Este bufete de abogados es profesional, diligente y se preocupa por sus clientes"
Este bufete de abogados es profesional, diligente y se preocupa por sus clientes. Logró resolver nuestra demanda en la primera ronda de mediación. Estuvimos bien informados sobre el proceso y supimos qué esperar. El personal nos mantuvo informados y respondió de manera oportuna a toda la correspondencia.
- Cynthia G. -
"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.
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.
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.
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.
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
