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

Odessa Surgical Error Attorney

Injured due to Surgical Malpractice in Odessa, TX?

When you undergo surgery, you put your health and your life in the hands of medical professionals. While most surgeries are performed safely, mistakes do happen—and they can have devastating consequences. If you or a loved one has been injured due to a surgical mistake, you may be entitled to compensation for your injuries, pain and suffering, and long-term care needs. At Kemmy Law Firm, P.C., our experienced Odessa surgical error lawyer can help you pursue justice and hold negligent medical providers accountable.

Call (830) 264-6297 to request a free case evaluation with our team.

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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 an Odessa Surgical Error Lawyer Can Help

    Medical malpractice cases, including surgical error claims, are complex and require a deep understanding of both medical and legal issues. At Kemmy Law Firm, P.C., our legal team works with medical experts to investigate your case, identify the source of negligence, and fight for the maximum compensation you deserve.

    We can help you pursue damages for:

    • Medical expenses (past, present, and future)
    • Lost wages and loss of earning capacity
    • Pain and suffering
    • Emotional distress
    • Loss of enjoyment of life
    • Wrongful death damages (if applicable)
    • $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 Types of Surgical Errors

      Surgical errors can occur during any type of procedure, from minor outpatient operations to complex, life-saving surgeries. Some of the most common types of surgical mistakes include:

      • Wrong-Site Surgery: Performing surgery on the wrong body part or organ.
      • Wrong-Patient Surgery: Operating on the wrong patient entirely.
      • Foreign Objects Left Inside the Body: Surgical sponges, clamps, or instruments left inside patients can cause infections and further surgeries.
      • Anesthesia Errors: Administering too much or too little anesthesia, or failing to monitor the patient’s vital signs.
      • Nerve or Organ Damage: Accidental cuts or punctures can cause permanent damage.
      • Infections Due to Poor Sterilization: Failing to properly sterilize tools or maintain a sterile environment can cause severe complications.
      • Post-Operative Negligence: Failing to monitor patients properly after surgery, leading to complications that go untreated.

      Each of these errors may result in severe harm, requiring additional surgeries, lifelong treatment, or even leading to wrongful death.

      Common Causes of Surgical Errors

      Surgical mistakes often stem from preventable human errors or systemic failures within a hospital or surgical team. Some common causes include:

      • Lack of Communication: Miscommunication among doctors, nurses, and surgical staff can result in wrong-site or wrong-patient surgeries.
      • Inadequate Preoperative Planning: Failing to review medical histories, test results, or patient allergies can lead to life-threatening mistakes.
      • Fatigue & Overwork: Surgeons and staff often work long hours, increasing the risk of errors.
      • Improper Training or Inexperience: Surgeons or medical staff who lack adequate training may make preventable mistakes.
      • Failure to Follow Safety Protocols: Ignoring established surgical checklists or procedures increases risks.
      • Defective Medical Equipment: Malfunctioning surgical tools or devices may lead to injuries during an operation.

      Understanding the cause of the error is critical in proving negligence and establishing liability in a medical malpractice claim.

      Short- & Long-Term Effects of Surgical Errors

      The consequences of a surgical error can range from mild to catastrophic, affecting nearly every aspect of a patient’s life.

      Short-term effects may include:

      • Severe pain or discomfort
      • Post-operative infections
      • Blood loss or clotting complications
      • Emergency corrective surgeries

      Long-term effects may include:

      • Permanent disability or disfigurement
      • Loss of organ function
      • Chronic pain or nerve damage
      • Psychological trauma, such as PTSD, anxiety, or depression
      • Loss of earning capacity or inability to work
      • Need for lifelong medical care or rehabilitation

      In tragic cases, surgical errors can result in wrongful death, leaving families devastated and financially burdened.

      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.

      Surgical Error FAQs

      How do I know if I have a surgical error case?

      If you suffered unexpected complications, worsening of your condition, or new injuries after surgery that could have been prevented with proper care, you may have grounds for a claim.

      Who can be held liable for a surgical error?

      Potentially liable parties include surgeons, anesthesiologists, nurses, surgical staff, and even hospitals or surgical centers.

      How long do I have to file a surgical error claim in Texas?

      In Texas, the statute of limitations for medical malpractice cases is generally two years from the date of the injury or discovery of the malpractice. There are exceptions, so it’s important to consult an attorney as soon as possible.

      Do I need expert testimony for a surgical error claim?

      Yes. Texas law typically requires expert medical testimony to prove that the standard of care was breached and that negligence caused your injuries.

      How much is my surgical error case worth?

      The value depends on the severity of your injuries, medical expenses, lost income, long-term needs, and other factors. An experienced Odessa surgical error lawyer can provide a clearer estimate after reviewing your case.

      Speak With an Odessa Surgical Error Lawyer Today

      Surgical errors are life-changing events that no patient should ever have to endure. If you or your loved one has been harmed by a preventable surgical mistake, you do not have to face this battle alone. At Kemmy Law Firm, P.C., we are committed to standing up for victims of medical malpractice and holding negligent parties accountable.

      Contact us today to schedule a free consultation with our Odessa surgical error attorney and let us help you seek justice and compensation.

      • 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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