Las Cruces Surgical Error Attorney

What Is a Surgical Error?

A surgical error is a preventable mistake that occurs before, during, or after a medical procedure. These errors often result from negligence, lack of communication, poor planning, or failure to follow proper medical protocols. While all surgeries carry some inherent risk, errors caused by medical professionals’ carelessness or oversight are not acceptable.

Surgical mistakes can happen in hospitals, outpatient surgical centers, and specialty clinics. They may involve surgeons, anesthesiologists, nurses, or other medical staff. When these errors cause harm, victims may have the right to pursue a medical malpractice claim.

Common Types of Surgical Errors

Surgical errors can take many forms, ranging from minor mistakes to catastrophic failures. Some of the most common types include:

• Wrong-site surgery: Operating on the wrong body part or performing the wrong procedure entirely.
• Anesthesia errors: Administering too much or too little anesthesia, failing to monitor vital signs, or ignoring patient allergies.
• Foreign objects left inside the body: Surgical tools, sponges, or instruments accidentally left behind after a procedure.
• Nerve or organ damage: Careless surgical techniques that injure nearby tissues, nerves, or organs.
• Postoperative infections: Failure to maintain sterile conditions or properly monitor a patient after surgery.
• Failure to obtain informed consent: Not properly informing the patient of risks, alternatives, and expected outcomes before surgery.

These errors can lead to severe complications, additional surgeries, prolonged recovery, and permanent health issues.

Common Causes of Surgical Errors

Surgical mistakes are often preventable and stem from negligence within the healthcare system. Common causes include:

• Poor communication: Miscommunication among medical staff before or during a procedure.
• Inadequate preparation: Failure to review patient history, allergies, or imaging results.
• Fatigue or overwork: Surgeons and medical staff working long hours without sufficient rest.
• Lack of training or experience: Performing procedures without proper qualifications or supervision.
• Failure to follow protocols: Ignoring safety checklists and established medical standards.
• Equipment failure or misuse: Improper handling or maintenance of surgical tools and devices.

When medical professionals fail to follow established standards of care, the risk of serious injury increases significantly.

Short- & Long-Term Impact of Surgical Errors

The effects of a surgical mistake can extend far beyond the operating room. Victims may face both immediate and lifelong consequences, including:

• Physical complications: Chronic pain, infections, organ damage, or permanent disability.
• Emotional trauma: Anxiety, depression, and loss of trust in healthcare providers.
• Financial burdens: Medical bills, rehabilitation costs, and lost income due to time away from work.
• Reduced quality of life: Difficulty performing daily tasks, ongoing medical treatment, and long-term care needs.
• Additional surgeries: Corrective procedures to address the original mistake.

For many patients, the recovery process is lengthy and uncertain. A Las Cruces surgical error lawyer can help victims pursue compensation to ease the financial and emotional strain caused by these injuries.

Proving a Surgical Error Claim in New Mexico

To successfully pursue a medical malpractice claim, injured patients must show that:

1. A doctor-patient relationship existed.
2. The medical professional owed a duty of care.
3. That duty was breached through negligence.
4. The breach directly caused injury or harm.
5. The patient suffered measurable damages.

Medical malpractice cases often require expert testimony, medical records, and detailed investigation. Harvey, Foote & Baker Law Firm works with experienced medical professionals and specialists to build strong claims on behalf of injured patients in Las Cruces.

Compensation for Surgical Error Victims

Victims of surgical negligence may be entitled to compensation for both economic and non-economic losses. Depending on the circumstances, damages may include:

• Medical expenses (past and future)
• Rehabilitation and therapy costs
• Lost wages and reduced earning capacity
• Pain and suffering
• Emotional distress
• Disability and disfigurement
• Loss of enjoyment of life

Every case is unique, and the value of a claim depends on the severity of injuries, the extent of negligence, and the long-term impact on the patient’s life.

Surgical Error FAQs

How do I know if my injury was caused by a surgical error?

If complications arise due to negligence rather than expected surgical risks, you may have a valid claim. A lawyer and medical expert can evaluate your case.

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

Medical malpractice cases are subject to strict deadlines. It is important to speak with an attorney as soon as possible to avoid losing your right to file.

Can I sue a hospital for a surgical error?

Yes, hospitals may be liable if staff negligence, inadequate training, or unsafe policies contributed to the error.

What if I signed a consent form before surgery?

Signing a consent form does not excuse negligence. Patients still have the right to safe, competent care.

Do all surgical complications qualify as malpractice?

No. Some complications are known risks of surgery. Malpractice occurs when negligence or preventable mistakes cause harm.

How much does it cost to hire a surgical error lawyer?

Many medical malpractice attorneys work on a contingency fee basis, meaning you pay nothing up front and only pay if compensation is recovered.

Why Patients Turn To Our Firm

Families reach out to us when something goes terribly wrong in a medical setting, and they are not getting straight answers. Much of our work involves serious harm in nursing homes and healthcare facilities throughout New Mexico. These cases require us to examine medical records, facility policies, and standards of care, which translates directly to understanding what happened in operating rooms and recovery units.

Our attorneys have obtained multimillion-dollar settlements in medical facility cases and have helped drive important changes in how some nursing homes operate. These results show that we are equipped to handle high-stakes cases that involve long-term disability, loss of independence, or death. For a family dealing with a devastating surgical outcome, this kind of experience can provide reassurance that their case will be taken seriously.

Dusti Harvey’s background sets our firm apart for people seeking a surgeon malpractice attorney. Before founding Harvey, Foote & Baker Law Firm, she served as in-house corporate counsel and mediator for a national nursing home chain. She has seen from the inside how healthcare corporations and their insurers evaluate risk, respond to serious incidents, and defend claims. We draw on that perspective when we review surgical error cases, anticipate defense strategies, and prepare to negotiate or litigate.

We also understand that clients do not want legal battles to consume their lives. Our goal is to resolve many cases efficiently, without long, drawn-out litigation, when fair resolutions are available. At the same time, we prepare each case with the understanding that a trial in a New Mexico court may be necessary if an appropriate offer is not made. Throughout the process, we strive to provide clear communication and a compassionate, team-based approach so you are not facing a hospital or large insurer alone.

To discuss a potential surgical malpractice case with our legal team, call (505) 295-2245 today.