
Our law firm has handled thousands of New Mexico nursing home abuse claims and is ready to help your family. We offer free consultations.

Common Types of Surgical Errors
Surgical errors can occur before, during, or after a procedure. Some of the most common mistakes include:
- Wrong-site surgery – Operating on the wrong body part or the wrong side of the body.
- Wrong-patient surgery – Performing surgery on the wrong individual due to misidentification.
- Foreign objects left inside the body – Sponges, surgical tools, or other equipment accidentally left inside a patient.
- Anesthesia errors – Incorrect dosage, failure to monitor vital signs, or failure to consider allergies and medical history.
- Nerve or organ damage – Unintentional cuts, punctures, or permanent damage to healthy organs and nerves.
- Infections due to poor sterilization – Contamination caused by failure to follow proper hygiene and sterilization procedures.
- Failure to monitor post-operative recovery – Not properly checking for complications such as blood clots, internal bleeding, or infections.
Each of these errors has the potential to cause life-threatening or life-altering consequences.
Common Causes of Surgical Errors
While not every poor medical outcome is caused by negligence, many surgical errors are entirely preventable. Common causes include:
- Fatigue – Long shifts and lack of rest can lead to dangerous lapses in judgment.
- Inadequate training – Surgeons or staff who are not properly trained may make avoidable mistakes.
- Poor communication – Miscommunication between doctors, nurses, and surgical staff can result in wrong-site or wrong-patient surgeries.
- Improper pre-operative planning – Failing to properly review medical records, allergies, or pre-surgical requirements.
- Lack of standardized protocols – Deviating from accepted surgical safety procedures or failing to use checklists.
- Negligent post-operative care – Ignoring symptoms or failing to act quickly when complications arise.
When medical professionals fail to meet the accepted standard of care, they may be legally liable for the harm they cause.
Short- & Long-Term Effects of Surgical Errors
The impact of a surgical mistake can be immediate, long-lasting, and devastating:
Short-term effects may include:
- Severe pain and trauma
- Prolonged recovery periods
- Risk of infection or sepsis
- Emergency corrective surgeries
Long-term effects may include:
- Permanent disability or impairment
- Loss of organ function
- Chronic pain
- Reduced quality of life
- Emotional trauma, anxiety, and depression
- Increased medical costs due to corrective treatment and ongoing care
Some surgical errors may also lead to fatal consequences, leaving families to cope with wrongful death claims. Victims and families deserve justice, closure, and financial support to move forward.
Surgical Error FAQs
What qualifies as a surgical error?
A surgical error is a preventable mistake made before, during, or after surgery that deviates from the accepted standard of care. Not every complication is considered malpractice, but when negligence leads to avoidable harm, it may form the basis of a legal claim.
How do I prove a surgical error case in New Mexico?
To prove a surgical error, your attorney must show that:
- A doctor-patient relationship existed
- The healthcare provider acted negligently or failed to meet the standard of care
- The negligence directly caused injury
- The injury resulted in damages (medical bills, lost wages, pain and suffering, etc.)
Expert medical testimony is often required to demonstrate negligence.
What damages can I recover in a surgical error case?
Victims of surgical errors may recover compensation for:
- Past and future medical expenses
- Lost income and reduced earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Wrongful death damages (for surviving family members)
Is there a time limit to file a claim in New Mexico?
Yes. In New Mexico, medical malpractice claims—including surgical errors—are generally subject to a three-year statute of limitations from the date of injury. However, exceptions may apply, such as when the error is not immediately discoverable. Consulting with an attorney promptly is essential.
Do I need a lawyer to pursue a surgical error case?
Medical malpractice cases are highly complex and require thorough investigation, expert witnesses, and strong legal strategy. Working with an experienced Santa Fe surgical error lawyer greatly improves your chances of securing fair compensation.
Contact Our Santa Fe Surgical Error Attorney Today
If you or a loved one has been the victim of a surgical mistake, you don’t have to face the consequences alone. At Harvey, Foote & Baker Law Firm, we fight for patients and families who have suffered due to preventable medical errors. Our team will investigate your case, consult medical experts, and pursue the compensation you deserve.
Don’t wait—your time to take legal action may be limited. Call (505) 295-2245 today to schedule a free consultation with an experienced Santa Fe surgical error lawyer.
What Sets Us Apart
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You Deserve Maximum CompensationOur team is committed to standing up for the injured in New Mexico. When you or your loved one have been harmed because of someone else's negligence, you don't just deserve compensation, you deserve justice.
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You Deserve an Experienced Legal TeamOur attorneys have handled thousands of cases and are true legal innovators when it comes to pursuing cases. We have the tools, resources, and knowledge to properly obtain maximum compensation on your behalf.
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You Deserve New Mexico AdvocatesAt Harvey, Foote & Baker Law Firm we are New Mexico-based attorneys who understand how scary and difficult this time can be. When you work with us, we can guarantee that you, your family, and your case are of the highest priority to us.
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You Deserve Dedicated RepresentationSince 2005 our team has been solely dedicated to protecting the rights of those injured and mistreated in nursing homes throughout the state. We know and understand how the system works and how to obtain the best possible outcome on your behalf.

Real Clients. Real Stories.
Hear From Past Clients Who Have Worked With Harvey, Foote & Baker Law Firm
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There are no words to express my appreciation for everyone at the Harvey, Foote & Baker Law Firm. You gave my mom her dignity back and made sure she wasn't just a number. Of course, we would rather her still be with us but you enabled her to leave a legacy to her grandchildren. You helped us through the worst time of our lives and got justice for my mom. I always knew that I had the best team on my side!!Carla S.
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Our lives were changed by tragedy in December 2012, but the team at Harvey, Foote & Baker were a sight for sore eyes. We were lucky to have such smart and talented attorneys and staff who fought hard for us. I will never forget the professionalism, care, and sincere attention you always gave us. You've made a huge difference in my life, and I am grateful to all of you!Lydia S.
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The team at Harvey, Foote & Baker is wonderful and compassionate. They worked hard to help us after losing our father due to neglect of care. They continue to fight for our family, and we appreciate them so much. Highly recommend.Michael C.
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Harvey, Foote & Baker Law Firm is the team you want looking out for your best interests. You can rest assured knowing they are on your side. The many obstacles facing your case will be met by their dedicated team of professionals.Norberto G.
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“Having the BEST attorneys on our side brought about an even better than expected outcome. Thank you, Dusti, Jennifer, and all of your amazing staff!!”Mara H.
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“We were astounded by how thorough you were, delightful towards us, but tough against the other side. We were shocked that you were able to recover so much money for our family.”Cindy
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“Ms. Dusti Harvey and Ms. Jennifer Foote and their staff were an AMAZING firm to work with!!! Their staff kept me in the loop through the entire process.”Tammi L.
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“Dusty and her crew were there to pick up the pieces and made sure that they kept us informed from the smallest thing to the biggest. I will forever be grateful to you.”Hermelinda P.

