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.
What Constitutes Medical Malpractice?
Medical malpractice, or medical negligence, occurs when a healthcare professional fails in the follow required standards of care and injures a patient as a result. In legal terms, it means that there was a duty of care owed to a patient, and the health professional violated this duty, which caused the patient’s injuries and damages.
Pursuing a medical malpractice claim can be costly and difficult. To make matters worse, doctors will often insist the situation was just one of those unavoidable complications. In all medical malpractice cases, the injured individual must be able to prove how the health provider caused their injury. This requires hiring medical experts who can help prove up a case. Our firm fronts all case expenses, including the costs of experts. We only ask to be reimbursed if we win the case.
If you are a victim of medical malpractice, it is extremely important that you speak to a Board Certified Trial Lawyer with experience in field of medical malpractice. Proving up your case and showing what actually went on behind closed hospital doors is a daunting challenge and should only be undertaken by a medical malpractice lawyer with experience in the field of medical negligence. With over 30 years of experience in medical malpractice, Tom Kemmy can provide you with the expertise and representation that you need.
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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
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.
Who is Liable for Medical Malpractice?
A variety of individuals and organizations in the healthcare system can be held responsible, such as the following:
- Physicians (Doctors & Surgeons): Doctors are the most commonly sued individuals in malpractice cases. They can be liable for misdiagnosis, surgical mistakes, prescription errors, and more.
- Nurses: Nurses can be held liable for failing to follow doctor’s orders, improper patient monitoring, medication errors, or not responding to patient needs in a timely manner.
- Anesthesiologists: These specialists can be responsible for errors in administering anesthesia, monitoring patients during surgery, or failing to recognize complications, all of which can have severe consequences.
- Pharmacists: Pharmacists can be sued for dispensing the wrong drug or dosage, failing to catch dangerous drug interactions, or not providing proper instructions.
- Hospitals and Medical Facilities: Hospitals can be directly liable for things like poor hiring practices, understaffing, lack of proper equipment, or unsanitary conditions. They may also be vicariously liable for the actions of their employees.
- Medical Technicians: Lab or radiology techs can be held responsible for mistakes in testing, imaging, or operating medical devices that lead to misdiagnosis or injury.
- Mental Health Professionals: Psychologists, psychiatrists, and counselors can be liable for misdiagnosis, failing to prevent self-harm or suicide, or breaching confidentiality.
- Dentists and Oral Surgeons: Dental professionals can be sued for surgical errors, anesthesia issues, nerve damage, or infection due to poor hygiene or technique.
- Midwives or Nurse Practitioners: They may be liable if they act outside the scope of their training or fail to consult a physician when needed, especially in emergency birth-related cases.
- Telehealth Providers: Virtual care practitioners can also be held liable if they misdiagnose, prescribe incorrectly, or fail to recommend in-person care when necessary.
Recovering Compensation
When another individual or business fails to follow basic community safety rules and causes injury or harm to another as a result, then they are responsible for the harm they caused. Our jury system allows for the recovery of damages to repair the harm when it can be repaired, to help with the harms and losses that can be helped, and make up for the harms and losses that can be neither fixed nor helped.
The following are examples of the types of legal damages we seek to recover from the responsible party:
- Property Damage and Out of Pocket Expenses
- Past and Future Medical Expenses
- Past and Future Wage Loss
- Past and Future Pain & Suffering
- Past and Future Mental Anguish
- Past and Future Physical Impairment
- Loss of Consortium and Support of a Loved One
How Our Approach to Trial Advocacy Serves Our Clients
Trial is often daunting for the injured plaintiff. In the past three decades, insurance companies and big corporate interests have spent billions on a remarkable propaganda campaign against injured people and the lawyers that represent them. This campaign has been so effective that across the country jurors view personal injury cases, and the lawyers who bring them, with suspicion or even hostility.
However, at the Kemmy Law Firm, our decades of trial experience have proven that when we show juries that a violation of basic community safety rules has caused unnecessary harm to a person in their community, the jury will often respond with a just and fair verdict. That is why, even though most cases settle, we develop each case as if it will go to trial.
We work to uncover the full story: what safety rules were broken? By whom? And how was the client harmed as a result?
Our Experience & Record
Our team has decades of trial experience. For over 30 years, Tom Kemmy has successfully represented injured individuals and families who have lost life and limb, as well as small business owners cheated out of money. He is a board-certified trial lawyer. Nicholas Kemmy and Jacob Kemmy are former prosecutors for Bexar County and have tried dozens of cases to juries. Ben Kemmy has first-chaired civil jury trials across Texas: from Houston to San Antonio, from Dallas to Brownsville. Danny Kemmy has done trial work from the time he became licensed, including giving the opening statement and participating in a two-week trial that resulted in a 14-million-dollar verdict.
We believe our successes over the years are the result of our collective experience – and our team approach that prepares each case for trial even if it is likely to settle.
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"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.
