San Antonio Hospital Injury Attorney
Experienced Legal Support After A Hospital Malpractice
When a hospital stay leaves you or someone you love in worse condition than when you arrived, it can be frightening and confusing. You may sense that something went wrong, yet no one at the hospital gives you a clear answer. In that moment, having a hospital injury attorney that San Antonio families can turn to for guidance can make a real difference.
At Kemmy Law Firm, P.C., we help patients and families understand what happened inside the hospital and whether medical negligence played a role. We have tried serious injury cases across Texas for decades and have recovered more than $200 million for people whose lives were turned upside down by preventable harm. Our family firm works to shoulder the legal burden so you can focus on your health and your family.
Our attorneys prepare every case as if it may go to trial, and opposing insurers know that. We combine that courtroom strength with personal care, frequent updates, and clear explanations. If you are unsure where to start after a hospital injury, we can walk you through your options and help you decide what comes next.
To request a free case review, call (830) 264-6297 or contact us online today.
What is Hospital Malpractice?
Hospital malpractice occurs when a hospital, its staff, or affiliated healthcare providers fail to meet the accepted standard of medical care, resulting in patient injury or death. Unlike individual medical malpractice claims that focus on a single doctor’s actions, hospital malpractice often involves systemic failures, understaffing, improper policies, or negligent oversight by the hospital itself.
Under Texas law, hospitals owe patients a duty of care that includes hiring qualified staff, properly training employees, maintaining safe facilities, and ensuring appropriate policies and procedures are followed. When a hospital breaches this duty, and a patient is harmed as a result, the hospital may be held legally responsible.
Our San Antonio hospital injury lawyer can investigate whether a hospital’s negligence—rather than an unavoidable medical complication—caused your injuries.
Common Examples of Hospital Negligence
Hospital negligence can take many forms, often involving multiple mistakes that compound patient harm. Common examples include:
- Medical Errors and Misdiagnosis: Hospitals may be liable for diagnostic errors caused by poor communication between departments, failure to review test results, or inadequate supervision of physicians and residents. Delayed or incorrect diagnoses can lead to worsening conditions, unnecessary treatments, or even death.
- Surgical Errors: Operating on the wrong body part, leaving surgical instruments inside a patient, anesthesia errors, or failing to monitor patients after surgery can all be signs of hospital malpractice. These errors are often preventable with proper protocols and staff oversight.
- Medication Errors: Hospitals are responsible for ensuring medications are prescribed, dispensed, and administered correctly. Errors such as incorrect dosages, wrong medications, or dangerous drug interactions can cause serious injury or fatal outcomes.
- Birth Injuries: Negligence during labor and delivery—such as failure to monitor fetal distress, delayed emergency C-sections, or improper use of delivery tools—can result in lifelong injuries to infants and serious harm to mothers.
- Infections and Unsanitary Conditions: Hospitals must maintain clean, sterile environments. Failure to prevent hospital-acquired infections (HAIs), such as sepsis or MRSA, may point to inadequate sanitation practices or understaffing.
- Inadequate Staffing or Training: Hospitals that cut costs by understaffing units or employing inadequately trained personnel put patients at risk. Errors caused by nurse fatigue, lack of supervision, or insufficient training may expose the hospital to liability.
Who is Liable?
Determining liability in a hospital malpractice case can be complicated. Multiple parties may share responsibility depending on the circumstances of the injury.
- The Hospital Itself: Hospitals can be held directly liable for negligent hiring, training, supervision, or retention of staff. They may also be responsible for unsafe policies, poor administrative decisions, or failure to maintain equipment and facilities.
- Hospital Employees: Nurses, technicians, and other staff members are typically hospital employees. If they act negligently within the scope of their employment, the hospital may be held vicariously liable for their actions.
- Independent Physicians: Some doctors working in hospitals are independent contractors rather than employees. While this can limit direct hospital liability, exceptions may apply if the hospital presented the physician as its agent or failed to properly credential or supervise them.
- Third Parties: In some cases, liability may extend to medical device manufacturers, outside laboratories, or pharmacy providers if defective products or external errors contributed to the injury.
Our San Antonio hospital injury attorney at Kemmy Law Firm, P.C. can identify all liable parties and pursue claims against each to maximize your potential recovery.
Hospital Malpractice FAQs
How long do I have to file a hospital malpractice claim in Texas?
In most cases, Texas law imposes a two-year statute of limitations for medical malpractice claims. However, exceptions may apply, especially in cases involving minors or delayed discovery of injuries. Acting quickly is critical.
What compensation is available in a hospital malpractice case?
Compensation may include medical expenses, lost wages, future care costs, pain and suffering, mental anguish, and loss of quality of life. Texas law places caps on certain non-economic damages, but economic damages are not capped.
Do I need medical experts to prove my case?
Yes. Texas law generally requires expert medical testimony to establish the standard of care, how it was breached, and how that breach caused your injuries. A knowledgeable law firm will work with qualified medical experts to build your case.
What if the hospital claims the injury was a known risk?
Not all medical injuries are malpractice. However, if the harm resulted from negligence rather than an unavoidable risk, you may still have a valid claim. A thorough legal and medical review is essential.
How can a San Antonio hospital injury lawyer help me?
A lawyer can investigate your case, gather evidence, consult medical experts, handle negotiations with insurance companies, and represent you in court if necessary. Most importantly, your attorney protects your rights while you focus on healing.
Why Families Choose Our Firm
Hospital malpractice cases are complex, emotional, and often involve powerful health care systems with significant legal resources. Families in this part of Texas look for more than just a lawyer. They want a team that understands both the legal and human sides of what they are going through.
Our firm is a multi-generational family practice, with roots in Texas law going back to 1950. Kemmy Law Firm, P.C. was founded in 1986 and has grown around one central idea. When someone is badly hurt and does not know who to trust, we treat them like we would treat our own family. That means listening carefully, explaining the process in plain language, and making sure clients never feel rushed or left in the dark.
We have recovered more than $200 million for injured clients, including multiple eight figure verdicts in serious and complex cases. Our trial lawyers are known for taking cases all the way to a jury when insurers refuse to be fair. That reputation can strengthen your position when a hospital or its insurance company is evaluating your claim and deciding how seriously to take your case.
Several of our attorneys previously served as prosecutors, so they are comfortable in court and used to presenting complicated facts to juries. Our founder began his career inside a premier insurance defense firm, which gives us insight into how hospital insurers evaluate risk and attempt to defend malpractice cases. We now use that knowledge to challenge those tactics on behalf of injured patients and grieving families.
We also work as a coordinated team on every significant case. Instead of one lawyer working in isolation, we bring multiple attorneys together to review medical records, consult with experts, and plan strategy. Clients appreciate that they can reach us easily, ask questions freely, and receive frequent updates throughout the case. For Spanish-speaking families in San Antonio, we provide bilingual communication and culturally sensitive representation so that everyone feels heard and respected.
Call (830) 264-6297 to speak with our team today.