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 is Medical Malpractice?
Medical malpractice occurs when a hospital, doctor, or other healthcare professional, through a negligent act or omission, causes an injury to a patient. The negligence might be the result of errors in diagnosis, treatment, aftercare, or health management.
To legally establish that medical malpractice occurred in San Antonio, your case must prove several key elements:
- A violation of the standard of care: The law recognizes that there are certain medical standards that are recognized by the profession as being acceptable medical treatment by reasonably prudent healthcare professionals under like or similar circumstances.
- The negligence caused the injury: It is not enough to prove that a doctor made a mistake. You must also prove that the mistake was the direct cause of your injury or worsening condition.
- The injury resulted in significant damages: Malpractice suits are expensive to litigate. To be viable, the patient must show that the injury resulted in disability, loss of income, unusual pain, suffering, hardship, or significant past and future medical bills.
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$19.4 MILLION Jury Verdict Wrongful Death of an elderly woman at Assisted Living facility.
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$9.1 MILLION Young mother suffers a Wernicke's Brain Injury
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.
Medical Malpractice FAQs
What type of compensation can I receive?
Victims of medical malpractice may be entitled to recover compensation for a wide range of damages, including:
- Medical expenses (past and future)
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress
- Rehabilitation and long-term care costs
- Loss of enjoyment of life
In cases involving extreme negligence, punitive damages may also be available.
How do I know if I have a valid medical malpractice case?
If you were injured due to a healthcare provider’s negligence, you may have a claim. A lawyer can review your medical records and consult with experts to determine whether malpractice occurred.
Can I sue a hospital as well as a doctor?
Yes. Hospitals, clinics, and other healthcare facilities can be held liable if their staff acted negligently or if unsafe policies, poor training, or inadequate staffing contributed to your injury.
What if multiple healthcare providers were involved in my care?
It’s common for more than one provider to be involved. Each party may be evaluated separately, and multiple defendants can be named in a medical malpractice lawsuit if they contributed to your injury.
Can a nurse or other healthcare professional be held liable for malpractice?
Yes. Nurses, anesthesiologists, pharmacists, and other licensed professionals can all be held accountable if their negligence caused harm.
What if my condition worsened after treatment, but I’m not sure why?
A worsening condition does not automatically mean malpractice occurred. However, it’s worth having your case reviewed by a lawyer who can consult medical experts to determine whether negligence was a factor.
How long does a medical malpractice case take?
These cases can take several months to several years, depending on complexity, evidence, and whether the case goes to trial.
Do I need expert testimony?
Yes. Texas law requires an expert report to support your claim, and expert testimony is often critical to proving negligence.
What if I signed a consent form?
Signing a consent form does not waive your right to pursue a malpractice claim if the provider acted negligently or failed to disclose significant risks.
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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"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.
