San Antonio Medical Malpractice Attorneys

West Texas lawyers advocating for patient safety.

When it comes to the practice of modern medicine, our system of the trusted physician-patient relationship was replaced by impersonal medical management and high-volume health care. Too many patients today are harmed by their own health care providers, as well as the system their providers are forced to work in. Clients come to us because their doctors and hospitals failed to follow the required standards of medicine, which resulted in life long injuries or sometimes even death.

Schedule a free consultation about a medical malpractice case.

When a patient is seriously injured through the negligence of medical providers, the effects on the person and family are devastating. In each case, there are always legitimate concerns about mounting medical bills and the long-term effects of serious injury. To speak with a San Antonio personal injury lawyer, call (210) 735–2233 and schedule a free consultation. You owe nothing unless we win for you.

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 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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Hospital Related Medical Malpractice

Even if medical negligence occurred at a hospital, it does not mean the hospital itself is automatically liable. Generally speaking, hospitals, like all employers, are liable for the harm caused by their negligent employees. However, most doctors at hospitals are independent contractors – meaning they are not employed by the hospital. Typically, nurses, medical technicians, support staff, nutritionists, and administrators are hospital employees. If a patient is injured while being treated by a hospital employee, the patient can usually sue the hospital for resulting damages.

Doctor and Physician Medical Malpractice

In any medical malpractice case you must show exactly how your injury was caused by medical negligence. When it comes to doctors, you must first establish what the required standard of care was and whether your doctor failed to meet the standard. Second, you must show how that failure in the standard of care caused your specific injuries and damage

Failure to Diagnose

Failure to diagnose is when your doctor failed to connect the dots between your symptoms and underlying condition. Misdiagnosis may also be a failure to diagnose, but it normally refers to when your doctor incorrectly believes you have an underlying condition when you actually suffer from another; and the doctor should have known the correct diagnosis to make. Delayed diagnosis is when your doctor isn’t fast enough in making the connection between your symptoms and the underlying condition.

Nursing Home Negligence

Medical neglect of the elderly occurs when the nursing home fails to provide their residents with adequate attention, prevention measures, or medication for concerns such as bed sores, infections, cuts, diabetes, cognitive diseases, and mobility concerns. It can also be occur as Negligent Supervision – when a resident is repeatedly ignored, left alone, or disregarded; Basic needs neglect – where the nursing home fails to provide reasonable food, water, or a safe and clean environment; and Hygienic Neglect – where patients do not receive adequate help with laundry, cleaning, bathing, brushing their teeth, or other forms of hygienic practices.

Surgery Medical Malpractice

All surgeries involve risks but surgical negligence goes beyond the known risks and can include:

  • Injuring nerves or ligaments during the procedure;
  • Leaving equipment or material inside the patient’s body;
  • Operating on the wrong body part;
  • Incorrectly performing the incision; and
  • Administrating pre- and post-operative medication incorrectly.

Awards & Associations

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Recognizes the 1% of lawyers who have obtained a jury verdict or award of one million dollars or more.
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Identifies outstanding and highly regarded lawyers with significant professional achievements.
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Certifies that a lawyer has substantial experience in select areas of law, completed continuing legal education, and passed a rigorous exam.
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Awarded to U.S. law firms and attorneys with one of the highest jury verdicts, settlements, or awards in the Nation.
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Reserved for the top trial lawyers in America, who have won multi-million dollar verdicts and settlements.
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Lists the best local attorneys in your area with important details about their skill and experience.
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Awarded to the best local experts, scored on more than 25 variables across five categories, and analyzed the results.
The National Trial Lawyers Top 100 Trial Lawyers.

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

Testimonials

When you put clients first, they notice.

They fought for us as if they were fighting for their own family.

 

If you’re looking for a law firm, where you’re not just another client. I can say from personal experience, you have found the right place at The Kemmy Law Firm. Everyone there always treated us amazingly. Not at any time were we in the dark, not knowing what was going on. Either Tom, Nick or Melissa would give us updates often on the case and explain to us the next steps. Which this made us feel like we were the only case they had. They fought for us as if they were fighting for their own family. They were compassionate about making sure we were going to be all right during the case as well as the years after the case. We are so thankful we found the Kemmy Law Firm and you will be too. Thank you Tom, Nick, and Melissa and everyone at The Kemmy Law Firm.

  Stacey Mitchell   |   07.19.2019

I would not hesitate to go to them

 

The Kemmy’s are good people that I 100% trust to always keep my best interest in mind. I would not hesitate to go to them whenever I need legal advice!

  Bianca Mero   |   07.19.2019

It felt like they truly cared about my family

 

My wife and I had a very good experience with Tom Kemmy and his law firm. I live in Iowa and as you know Tom lives in Texas. With that said, Tom and his wife were traveling and made a point to stop at my home on a Saturday just to say hi and visit. The bottom line is that my settlement was excellent and I am not sure anyone else would have been able to do what Tom and his team did.

  Kevin Johnson   |   11.26.2019

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 Verdicts and Settlements
Speak for Themselves

Permanent Brain Injury

The Kemmy Firm secured an $8.6 million settlement on behalf of a woman who suffered a permanent brain injury after three years of hard-fought litigation.

Permanent Spinal Cord Injury

The Kemmy Law Firm, P.C. obtained the second largest medical negligence verdict in Texas for 2017 ($13.5 million).

Total Destruction of West Texas Business

The Kemmy team secured a confidential settlement for a group of Well Owners who were forced to shut down their oil related business with a $20 Million market value.

Permanent Spine Injury for Iowa Insurance Agent

We recovered $3 Million for a family whose breadwinner and patriarch suffered a severe spinal cord injury.

MORE CASE RESULTS

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.

Personal Injury Attorneys & Trial Lawyers Let Our Family Protect Yours

Contact Kemmy Law Firm Today

(210) 735-2233 ONLINE FORM

Get a free consultation. We do not charge up-front fees, and you owe nothing unless you recover compensation.

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. We are dedicated and successful trial attorneys practicing in West TX, Hobbs, NM, Midland-Odessa, and across the Permian Basin. Our team handles everything from catastrophic injury claims to complex business matters. We are here to fight for you. We dedicate our time and attention to your case and use every resource available to maximize your claim and obtain the best possible outcome.