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

Odessa Hospital Malpractice Lawyer

When you seek medical care, you trust that hospitals and their staff will provide safe, competent treatment. Unfortunately, mistakes can and do happen — and when they result from negligence, patients can suffer life-changing injuries or even death. If you or a loved one has been harmed due to negligent hospital care, our Odessa hospital malpractice attorney at Kemmy Law Firm, P.C. can help you pursue justice and compensation.

Contact us today at (830) 264-6297 for a free, confidential 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.

    What Is Hospital Malpractice?

    Hospital malpractice occurs when a hospital, through the negligence of its employees, policies, or procedures, fails to meet the accepted standard of medical care — resulting in injury to a patient. Hospitals are responsible not only for the medical care provided by their staff but also for ensuring that proper protocols, equipment, and supervision are in place to protect patients.

    Negligence in a hospital can take many forms. It may stem from a doctor’s misdiagnosis, a nurse’s medication error, or the hospital’s failure to maintain sanitary conditions. Whatever the cause, if the care provided falls below what a reasonably skilled healthcare professional would have provided under similar circumstances, it may constitute malpractice.

    In Texas, hospitals can be held liable for the negligent acts of their employees under a principle known as respondeat superior — meaning that an employer can be held responsible for the actions of its employees performed within the scope of their employment.

    • $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

      Common Examples of Hospital Negligence

      Hospital negligence can occur in countless ways, and even a single lapse in judgment can cause severe, lasting harm. Common examples include:

      Misdiagnosis or Delayed Diagnosis

      A hospital may fail to identify a patient’s condition promptly due to miscommunication, inadequate testing, or poor coordination among medical staff. These errors can lead to worsening health or even death.

      Surgical Errors

      Mistakes in the operating room — such as operating on the wrong body part, leaving surgical instruments inside a patient, or using contaminated tools — are catastrophic and often preventable.

      Medication and Prescription Errors

      Medication errors are among the most frequent forms of hospital malpractice. This includes administering the wrong drug, incorrect dosage, or failing to check for allergic reactions or drug interactions.

      Birth Injuries

      Labor and delivery require precision and attention. Failure to monitor fetal distress, improper use of delivery tools, or delayed C-sections can lead to serious injuries such as cerebral palsy or Erb’s palsy.

      Infection and Poor Sanitation

      Hospitals must maintain strict hygiene standards. Unsanitary conditions, unsterilized equipment, and poor infection control can lead to dangerous hospital-acquired infections.

      Inadequate Staffing or Supervision

      Hospitals are obligated to ensure sufficient staffing levels and proper oversight. Understaffing can result in overworked nurses and delayed responses to patients in distress.

      Patient Neglect

      Failure to turn immobilized patients, monitor vital signs, or provide necessary assistance can cause bedsores, falls, and other serious complications.

      When any of these forms of negligence occur, victims have the right to pursue legal action with the help of our hospital injury lawyer in Odessa.

      Determining Liability

      Determining who is responsible for a hospital malpractice injury requires a careful legal and medical investigation. Liability may rest with:

      The Hospital Itself

      Hospitals can be directly liable for administrative negligence, such as hiring unqualified staff, failing to train employees, or neglecting to maintain safe facilities. They can also be held vicariously liable for the negligence of their employees.

      Individual Medical Providers

      Not all medical professionals working in hospitals are employees — some are independent contractors. If a doctor or specialist is independently employed, you may need to file a separate malpractice claim against that individual.

      Third Parties

      Sometimes, outside vendors, equipment manufacturers, or cleaning services play a role in the negligence. For example, if defective medical equipment contributed to an injury, the manufacturer could also be held liable.

      To build a successful hospital malpractice claim, your Odessa hospital injury attorney at Kemmy Law Firm, P.C. will gather and analyze critical evidence, such as:

      • Medical records and charts
      • Expert medical testimony
      • Hospital staffing and maintenance logs
      • Internal policies and training documents
      • Witness statements and surveillance footage

      By pinpointing every negligent party, your lawyer can pursue the full compensation you deserve for medical bills, lost wages, pain and suffering, and future care needs.

      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.

      Hospital Malpractice FAQs

      How do I know if what happened to me was hospital malpractice?

      If your outcome was significantly worse than expected, or if you suspect medical negligence caused your condition, you may have a malpractice case. Only a qualified hospital injury lawyer can review your records and determine whether the care you received fell below the accepted medical standard.

      Who can I sue for hospital negligence in Texas?

      You may be able to sue the hospital, doctors, nurses, technicians, or other parties involved. The key is proving that their negligence directly caused your injury.

      Is there a time limit to file a hospital malpractice claim in Texas?

      Yes. In Texas, the statute of limitations for medical malpractice claims is generally two years from the date of injury (or from when the injury was discovered). Missing this deadline can bar your right to recover compensation, so it’s crucial to act quickly.

      What damages can I recover in a hospital malpractice case?

      Compensation may include:

      • Medical expenses (current and future)
      • Lost income and reduced earning capacity
      • Pain and suffering
      • Disability or disfigurement
      • Emotional distress
      • Wrongful death damages (if a loved one died due to hospital negligence)

      How can an Odessa hospital injury lawyer help?

      A skilled lawyer can handle every aspect of your claim — from investigating your injury and consulting medical experts to negotiating with insurers and representing you in court.

      Get Help from a Skilled Odessa Hospital Injury Lawyer

      If you believe you were harmed by hospital negligence, don’t face the legal system alone. The compassionate team at Kemmy Law Firm, P.C. has the knowledge, resources, and determination to fight for justice on your behalf.

      Our Odessa hospital malpractice attorneys work tirelessly to uncover the truth, hold negligent institutions accountable, and help victims and families secure the compensation they deserve.

      Call (830) 264-6297 to speak with a hospital malpractice lawyer about your situation. 

      • 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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