We Handle Many Types of Medical Malpractice Cases
Medical malpractice insurance claims and lawsuits are complex. They require a law firm with the necessary resources and a willingness to take on powerful defendants and their insurers.
The Kemmy Law Firm accepts many types of medical malpractice cases, including:
- Failure to diagnose
- Delayed diagnosis
- Failure to treat
- Gynecological negligence
- Birth injuries
- Surgical errors
- Anesthesia errors
- Medication errors
- Pharmaceutical negligence
- Dental errors
- Hospital negligence
- Hospital-acquired infections
If you believe that you or a loved one suffered because of medical malpractice, contact the Kemmy Law Firm today for a free consultation.
Compensation for Medical Malpractice
A medical negligence attorney protects your rights to pursue economic and non-economic damages. These damages might include:
- Past and future medical expenses
- Lost wages
- Pain and suffering
- Emotional distress
- Scarring and disfigurement
- Disability/physical limitations
- Reduced earning capacity
- Reduced quality of life
New Mexico and Texas have monetary caps on how much you could recover for pain and suffering in medical malpractice claims. As attorneys licensed in both states, the Kemmy Law Firm fights for every available dollar to make you or a loved one whole.
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.
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.
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:
- Establish that the provider owed the patient a duty of care to uphold accepted medical standards.
- Show that the provider breached this duty for some reason, through recklessness, omission, or intentional disregard.
- Demonstrate how this negligence caused harm to the patient.
- Valuate damages for the patient’s physical, emotional, and financial suffering.
Statute of Limitations for Medical Malpractice
In Texas, you have two years to file a medical malpractice claim. In New Mexico, you have three years.
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 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.
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.
Caps on Damages
Under the state’s malpractice law, qualified healthcare providers are protected by limits on their liability and specific procedural requirements. These limits or caps do not include medical expenses and punitive damages. The provider’s medical malpractice insurance or the Patient Compensation Fund covers your future medical costs.
These limits or caps are:
- $600,000 per occurrence
- $300,000 for medical bills
- $200,000 for property damage
- $400,000 for other damages
- $750,000 overarching cap
The caps do not apply to medical professionals who are not “qualified healthcare providers.”
When the Medical Provider Is a Governmental Entity
Suppose a government entity employs the at-fault medical provider. In that case, your rights and options are addressed by the New Mexico Tort Claims Act. Generally, government entities and employees have immunity from personal injury and wrongful death liability. However, various exceptions allow for medical malpractice by a government employee.
When your claim is against a government employee or entity, you may need to provide notice of a claim before filing a lawsuit. After moving through the government’s administrative process, you may resolve your claim or file a lawsuit.
Medical Malpractice in Texas
Texas does not impose a limit to economic damages. You can fight to obtain the full value of your past and future medical expenses, lost wages, and other costs. However, you can receive only up to $250,000 in non-economic damages from individual healthcare providers.
Texas has specific procedures for medical malpractice lawsuits, including:
- Before you can file a medical malpractice lawsuit in Texas, you must provide written notice of your claim to each healthcare provider you would name in the lawsuit.
- You must give defendants at least 60 days’ notice before you file, sent through certified mail with a return receipt requested.
- You must obtain and serve a medical expert report to each defendant within 120 days of filing the lawsuit.
- This affidavit provides a qualified medical expert’s opinion regarding the applicable standard of care, whether the defendant(s) failed to uphold the standard of care and the relationship between that failure and your injuries.
Failure to comply with these requirements and deadlines will jeopardize your case.
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. Contact the Kemmy Law Firm online or call 210-735-2233 to schedule your free consultation today.