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Kemmy Law Firm, P.C. Kemmy Law Firm, P.C.
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Odessa, TX

Odessa Failure to Diagnose Attorney

Let Our Firm Fight for You

At Kemmy Law Firm, P.C., we understand that a delayed or missed diagnosis can have devastating consequences for you and your loved ones. Medical professionals are trusted to recognize the signs and symptoms of serious illnesses, and when they fail to do so, it can lead to prolonged suffering, permanent injury, or even death. Our Odessa failure to diagnose lawyer team is dedicated to holding negligent medical providers accountable and helping victims pursue the compensation they deserve.

Call (830) 264-6297 today or fill out our online contact form to schedule a free consultation.

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  • By submitting, you agree to receive text messages from Kemmy Law Firm, P.C. at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy
The Kemmy Difference

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. 

LET OUR FAMILY PROTECT YOURS

Hear How We've Made A Difference

Check out some of our most recent videos.
    • Our Values Set Us Apart
      Kemmy Law Firm, P.C. was built to help make our communities safer by holding negligent and reckless individuals and businesses responsible for the harm they cause. Our attorneys have over 50 years of experience as trial lawyers and know all too well that, many times, the only way to hold someone responsible is through our legal system. By making sure the at-fault party is financially accountable, we hope to force them to change their ways and reduce the risk of them hurting others in the future.
    • We Take Our Commitment to Our Clients Seriously
      Many clients come to us after suffering painful and often catastrophic injuries and losses. We don’t take our responsibility to them lightly, and through it all, we will fight to get you the care, guidance, and proper compensation you need to cover physical, emotional, and financial damages, whether through an insurance settlement or trial verdict.
    • We Limit Our Cases and Prioritize Quality Representation
      When it comes to our legal services, we value quality over quantity. Our firm limits the number of cases we take on so we can provide each client with the personal attention they deserve. We will keep you informed about the status of your case and advise you accordingly. We promise to always speak honestly and directly about your case while handling each stage of the legal process with compassion and sincerity.
    • We Have a Track Record of Success
      We are proud to have helped hundreds of Texas residents protect their rights and recover millions of dollars in compensation for their physical, psychological, and financial injuries. To maintain our track record of success, we treat clients as we would our own family. By focusing on the needs of our clients and leveraging our skills and resources, we have a history of delivering exceptional and highly effective representation.

    How Kemmy Law Firm, P.C. Can Help

    At Kemmy Law Firm, P.C., our team has extensive experience handling failure to diagnose claims. We work diligently to:

    • Conduct a thorough review of your medical records.
    • Consult with medical experts to determine whether negligence occurred.
    • Evaluate the full extent of your damages, including medical costs, lost income, and emotional suffering.
    • Negotiate with insurance companies and, if necessary, pursue litigation to maximize your recovery.

    We understand the emotional and physical toll of a misdiagnosis and strive to provide compassionate, personalized support throughout your case.

    • $19.4 MILLION Jury Verdict Wrongful Death of an elderly woman at Assisted Living facility.
    • $9.1 MILLION Young mother suffers a Wernicke's Brain Injury
    • $8 MILLION Young College Student suffers Wernicke's Brain Injury

      What is Failure to Diagnose?

      Failure to diagnose, also known as delayed or missed diagnosis, occurs when a medical professional does not correctly identify a patient’s medical condition in a timely manner. This type of medical malpractice can arise from various situations, including misreading test results, overlooking symptoms, or failing to order appropriate tests.

      Not every misdiagnosis is considered malpractice. To establish a failure to diagnose claim, it must be proven that:

      1. A medical professional owed a duty of care to the patient.
      2. The medical professional breached that duty through negligence.
      3. The breach directly caused harm or injury.
      4. The harm resulted in damages, such as medical expenses, lost wages, or pain and suffering.

      Our team can review your case to determine whether these criteria are met.

      Common Examples of Failure to Diagnose

      Failure to diagnose claims can involve a wide range of medical conditions. Some common examples include:

      • Cancer Misdiagnosis: Failing to detect cancers such as breast, lung, or colon cancer in their early stages can reduce treatment effectiveness.
      • Heart Conditions: Missed heart attacks or other cardiac conditions can result in permanent damage or death.
      • Stroke: Delayed diagnosis of strokes can prevent timely treatment, leading to severe neurological damage.
      • Infections: Overlooking bacterial or viral infections, including sepsis, can rapidly become life-threatening.
      • Pregnancy-Related Complications: Missed complications such as ectopic pregnancies or preeclampsia can endanger both mother and child.

      Each of these situations can be life-altering, emphasizing the importance of acting quickly if you believe a medical professional’s negligence caused harm.

      Common Causes of Failure to Diagnose

      Several factors may contribute to a failure to diagnose, including:

      • Medical Negligence: Inattention, lack of knowledge, or rushed consultations may lead to missed diagnoses.
      • Communication Errors: Miscommunication among healthcare providers, or between providers and patients, can delay critical diagnoses.
      • Insufficient Testing: Failing to order or properly interpret necessary medical tests may result in missed conditions.
      • Systemic Issues: Overworked medical staff, inadequate record-keeping, or lack of follow-up protocols can contribute to errors.
      • Patient Factors: Sometimes, patients may not provide full information, or symptoms may be atypical, complicating diagnosis.
      We Know the Stakes Trust Us To Make a Meaningful Difference

      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.

      Failure to Diagnose FAQs

      Q: How long do I have to file a medical malpractice claim in Texas?

      A: In Texas, the statute of limitations for medical malpractice claims is generally two years from the date of the injury or from when the injury was discovered. Certain exceptions may apply.

      Q: How do I know if I have a valid failure to diagnose claim?

      A: If you suffered harm due to a misdiagnosis or delayed diagnosis, and medical negligence can be established, you may have a valid claim. Consulting an experienced Odessa failure to diagnose lawyer can help determine eligibility.

      Q: What damages can I recover in a failure to diagnose case?

      A: You may recover medical expenses, lost wages, future medical costs, pain and suffering, and other damages resulting from the misdiagnosis.

      Q: Do I need to pay upfront legal fees?

      A: Many medical malpractice lawyers, including those at Kemmy Law Firm, P.C., work on a contingency fee basis, meaning you pay only if we recover compensation for you.

      Q: How long does a failure to diagnose claim take?

      A: Each case is unique. Some claims may settle within months, while complex cases could take several years. Your lawyer will guide you through the process and keep you informed at every step.

      Contact Kemmy Law Firm, P.C. Today

      If you or a loved one has suffered due to a missed or delayed diagnosis, it’s crucial to seek legal guidance as soon as possible. Our experienced Odessa failure to diagnose lawyer team at Kemmy Law Firm, P.C. is ready to protect your rights and help you pursue the compensation you deserve.

      Connect with Kemmy Law Firm, P.C. at (830) 264-6297 to schedule a complimentary consultation.

      • We Perform Independent Investigations
        Before we file a lawsuit, we want to have as much information about what happened as possible. We do not rely on brief police reports or the investigation of the other party and their insurer. We will work to gather all of the evidence available, carefully review it, and ascertain liability.
      • We Hire Expert Witnesses
        Whether you were in a catastrophic 18-wheeler crash or an oil field accident, one or more expert witnesses may be necessary to support your case. Depending on the circumstances, we may hire a medical expert, industry expert, engineer, economist, vocational expert, and/or accident reconstructionist expert.
      • We Draft and File the Complaint Itself
        The complaint, which is also known as the petition, is the document you file with the court to formally begin your lawsuit. This document should include basic information about you and the other party, what happened, why the other party is at fault, and your damages.
      • We Make Sure the Defendant Is Served
        Part of the civil legal process is properly serving the defendant(s) with a copy of your complaint and a summons to court. We will work to make sure the defendant receives proper service of process so that your case can move forward.
      • We Will Wait for the Defendant’s Response
        After the defendant is served, they may file an appearance in court as well as a response, which is a document providing information regarding why they believe they are not liable. If the defendant fails to respond, we may be able to seek a default judgment.
      • We Leverage the Discovery Process
        After the complaint and the response, we enter the discovery process. During this time, we exchange documents with the other party, which enables us to gather more information on the strengths and weaknesses of your claim.
      • We Utilize Pre-Trial Motions and Negotiations

        There is a great deal to do before getting to trial – if your claim even goes to trial. Again, many personal injury claims are resolved by a pre-trial settlement, which is something we may pursue through negotiations. We may also file one or more pre-trial motions and ask the judge to make certain legal decisions before trial.

      • We Are Aggressive at Trial
        If your case is not resolved through a pre-trial settlement, then our experienced trial attorneys will prepare for court. During a trial, lawyers present their arguments through evidence and testimony from witnesses and experts. Once each side has completed their arguments, the judge or jury will decide the outcome of the case. If your claim is decided in your favor, the judge or jury will then decide how much compensation you will receive.
      • "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.
      • "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.
      • "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.
      • "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.
      • "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.
      • "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.
      • "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.
      • "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.

        Let Our Family Protect Yours

        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.

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        • By submitting, you agree to receive text messages from Kemmy Law Firm, P.C. at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy
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