Farmington Surgical Error Attorney

What Is a Surgical Error?

A surgical error is a preventable mistake that occurs before, during, or after a surgical procedure. These errors are not unavoidable complications or known risks disclosed prior to surgery. Instead, they result from negligence, lack of proper care, poor planning, or failure to follow accepted medical standards.

Under New Mexico medical malpractice law, patients may have the right to file a claim when a surgeon, anesthesiologist, nurse, or hospital fails to meet the required standard of care and causes harm.

Common Types of Surgical Errors

Surgical mistakes can occur in many forms and across all types of procedures—from routine outpatient surgeries to complex operations. Common surgical errors include:

• Wrong-site surgery, such as operating on the wrong body part or organ
• Wrong-patient surgery, where a procedure is performed on the incorrect patient
• Foreign objects left inside the body, including sponges, surgical tools, or instruments
• Anesthesia errors, including improper dosage or failure to monitor vital signs
• Nerve damage caused by careless incisions or improper patient positioning
• Organ perforation or damage to nearby tissues during surgery
• Infections due to unsanitary conditions or improper post-operative care
• Failure to address complications promptly after surgery

These errors can lead to prolonged recovery, additional surgeries, permanent disability, or death.

Common Causes of Surgical Errors

Surgical errors are often the result of systemic failures rather than a single mistake. Some of the most common causes include:

• Poor communication between surgeons, nurses, and anesthesiology staff
• Inadequate preoperative planning or patient evaluation
• Failure to follow surgical safety protocols, such as checklists and time-outs
• Fatigue or overworked medical staff
• Inexperienced or improperly trained surgeons or support staff
• Rushed procedures or high patient volume
• Misreading or ignoring medical records, imaging, or test results

Hospitals and surgical centers have a duty to implement safeguards that reduce the risk of error. When they fail to do so, patients suffer the consequences.

Short- & Long-Term Effects of Surgical Errors

The impact of a surgical error can be devastating and long-lasting. Depending on the nature of the mistake, victims may experience both immediate and ongoing harm.

Short-term effects may include:

• Severe pain or unexpected complications
• Excessive bleeding or infection
• Extended hospital stays
• Emotional distress and trauma

Long-term effects may include:

• Permanent disability or loss of function
• Chronic pain or nerve damage
• Need for corrective or revision surgeries
• Loss of income and reduced earning capacity
• Decreased quality of life
• Psychological effects such as anxiety or depression

In the most tragic cases, surgical errors result in fatal outcomes, leaving families to pursue wrongful death claims.

Who Can Be Held Liable for a Surgical Error?

Liability for a surgical error may extend beyond the surgeon alone. Depending on the circumstances, responsible parties may include:

• The surgeon or surgical specialist
• The anesthesiologist or nurse anesthetist
• Surgical nurses or operating room staff
• The hospital or surgical facility
• A medical group or employer

Our Farmington surgical error lawyer at Harvey, Foote & Baker Law Firm will thoroughly investigate your case to identify all liable parties and pursue maximum compensation.

Compensation Available in a Surgical Error Claim

Victims of surgical negligence may be entitled to compensation for both economic and non-economic damages, including:

• Medical expenses (past, current, and future)
• Rehabilitation and physical therapy costs
• Lost wages and loss of future earning capacity
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Wrongful death damages for surviving family members

New Mexico law places specific requirements on medical malpractice claims, making it essential to work with an attorney who understands these complexities.

Surgical Error FAQs

How do I know if I was a victim of a surgical error?

If your outcome was unexpected, significantly worse than explained beforehand, or required corrective surgery, it may be worth consulting a lawyer.

Is a bad surgical outcome always malpractice?

No. Not all poor outcomes are malpractice. A claim requires proof that the provider’s negligence caused your injury.

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

Medical malpractice claims are subject to strict time limits. Speaking with a Farmington surgical error lawyer as soon as possible helps protect your rights.

Do I need a medical expert to prove my case?

Yes. Expert testimony is typically required to establish the standard of care and how it was breached.

What if the hospital denies responsibility?

Hospitals and insurers often deny or minimize claims. An experienced attorney can challenge these defenses and fight for fair compensation.

Why Patients Choose Our Legal Team

Choosing the right surgical error lawyer is a major decision, especially when you are already dealing with medical appointments and family responsibilities. Families across New Mexico come to Harvey, Foote & Baker Law Firm because we are dedicated to protecting individuals who have been hurt by medical and facility negligence. Our practice is built around holding institutions accountable when their choices put vulnerable people at risk.

Over the years, our attorneys have secured multimillion-dollar settlements in complex cases and have helped drive important changes in nursing home procedures. Those results matter because they show that we know how to navigate serious injury cases that involve corporate policies, insurance companies, and deeply contested facts. When a wrong-site surgery or other error occurs in a hospital or long-term care setting, that same experience with institutional negligence becomes a powerful tool for our clients.

Our firm combines this record with a commitment to efficient resolution. We work to resolve many cases without unnecessary delay, yet we are always prepared to pursue matters in New Mexico courts when a fair resolution cannot be reached. Our focus is on what serves you best, not on prolonging litigation. When you contact us from the Farmington area, you can expect to speak with a team that takes your concerns seriously and explains the legal landscape in clear, direct terms.

Attorney Dusti Harvey’s background is another reason people choose our firm. Before founding Harvey, Foote & Baker Law Firm, she served as in-house corporate counsel and mediator for a national nursing home chain. That experience gave her insight into how healthcare corporations evaluate claims, defend against allegations, and decide when to resolve them. We draw on that knowledge when we assess surgical error claims and prepare for the arguments medical providers and insurers are likely to raise.

Contact us today to speak with our Farmington surgical malpractice attorney.