Surgical Errors

Santa Fe Surgical Errors Attorneys

Helping Victims of Surgical Errors in Santa Fe & Throughout New Mexico

When you go into surgery, you trust that your surgeon will make the right decisions and perform the operation correctly. Unfortunately, surgeons and other medical professionals sometimes make mistakes, and surgical errors are one of the most common types of medical malpractice.

At James Wood Law, our surgical error attorneys in Santa Fe represent clients who have been injured due to negligent surgical care. We understand the complexities of these cases, and we know how to build strong claims against negligent surgeons and hospitals. We work tirelessly to help our clients obtain the maximum compensation they are owed.

If you or someone you love was harmed by a surgical error, you may be entitled to compensation. Call our (888) 579-3866 or contact us online to request a free, confidential consultation.

What Are Surgical Errors?

Surgical errors are mistakes that occur during a surgical procedure. These mistakes are usually preventable and occur due to negligence on the part of a surgeon, anesthesiologist, or other medical professional. When these errors occur, patients can suffer serious injuries and even death.

Some of the most common types of surgical errors include:

Wrong-site surgery: Also known as “never events,” wrong-site surgeries occur when a surgeon operates on the wrong body part or performs the wrong procedure. These mistakes are entirely preventable and are considered one of the most egregious forms of surgical malpractice.
Wrong-patient surgery: In some cases, surgeons perform operations on the wrong patient. This can occur when a patient is misidentified, or when a surgeon fails to review the patient’s chart and medical history.
Unnecessary surgery: Surgeons sometimes perform operations that are not medically necessary. This can occur when a surgeon misdiagnoses a patient’s condition, or when a surgeon performs an operation that the patient did not consent to.
Instruments left in the body: Surgeons and surgical teams sometimes leave sponges, clamps, and other surgical instruments in a patient’s body. This can cause serious complications and even death.
Nerve damage: Surgeons may accidentally cut or damage nerves during an operation. This can cause pain, numbness, and other complications.
Organ damage: Surgeons may accidentally cut or damage an organ during an operation. This can cause internal bleeding and other complications.
Post-operative infections: Infections are always a risk following surgery. However, when medical professionals fail to properly sterilize surgical equipment or follow other safety protocols, the risk of infection increases.
Anesthesia errors: Anesthesiologists sometimes make mistakes that can cause serious harm to patients. This can include giving a patient too much anesthesia, failing to monitor the patient during the procedure, and other errors.

Common Causes of Surgical Errors

Surgical errors can result from a variety of factors, some of which are systemic within the healthcare system while others may be specific to individual practitioners or circumstances. Here are some common causes of surgical errors:

Communication Issues: Poor communication among surgical team members, including surgeons, nurses, anesthesiologists, and other staff, can lead to misunderstandings, misinterpretations, and ultimately errors during surgery.
Fatigue and Stress: Surgeons and other healthcare professionals working long hours without adequate breaks are prone to fatigue, which can impair judgment and concentration, increasing the likelihood of errors.
Lack of Standardization: Inconsistent procedures and protocols within surgical teams or across different healthcare facilities can contribute to errors. Standardized protocols help ensure that all necessary steps are taken and reduce the risk of mistakes.
Inadequate Planning and Preparation: Rushed or insufficient preoperative planning, including incomplete patient assessments, inadequate review of medical histories, and failure to anticipate potential complications, can lead to errors during surgery.
Technical Errors: Mistakes made during the technical aspects of surgery, such as incorrect incisions, improper use of surgical instruments, or damage to surrounding tissues, can occur due to factors like lack of experience, distraction, or equipment malfunction.
Inadequate Training and Experience: Surgeons and other members of the surgical team may lack the necessary training, experience, or proficiency in certain procedures, increasing the risk of errors.
Distractions and Interruptions: Distractions in the operating room, such as noise, conversations, or equipment malfunctions, can divert attention from the surgical task at hand and lead to errors.
Poor Teamwork and Coordination: Dysfunction within the surgical team, including conflicts among team members, hierarchical issues, or lack of effective leadership, can hinder communication and coordination, increasing the risk of errors.
Inadequate Monitoring and Supervision: Insufficient monitoring of patients during surgery, including failure to detect changes in vital signs or complications, can result in delayed responses or inappropriate interventions, leading to adverse outcomes.
Systemic Issues: Problems within the broader healthcare system, such as understaffing, resource constraints, pressure to minimize costs, and inadequate infrastructure, can contribute to errors by creating environments where shortcuts are taken or where safety protocols are compromised.

Who is Liable for Surgical Errors?

When a patient is injured due to a surgical error, several parties may be liable for the patient’s injuries. This can include the surgeon, the anesthesiologist, the hospital, and other medical professionals.

Pinning down liability often requires a detailed examination of the preoperative and postoperative procedures followed by the healthcare providers. Gathering substantial evidence, such as medical records and witness statements from surgical staff, becomes paramount. Determining liability also involves understanding whether the error occurred due to negligence or a system-wide failure within the healthcare establishment.

Surgeons and other medical professionals can be held liable for surgical errors if they:

Failed to meet the accepted standard of care
Failed to properly communicate with the surgical team
Failed to properly diagnose the patient
Failed to warn the patient of the risks of surgery
Failed to obtain informed consent from the patient
Administered anesthesia improperly
Failed to properly monitor the patient during the procedure
Failed to properly sterilize surgical equipment
Failed to perform the correct procedure
Performed a procedure on the wrong body part

In some cases, the hospital that employs the surgeon or other medical professional may also be held liable for surgical errors. This can include cases where the hospital failed to properly screen or train the surgeon, where the hospital failed to properly sterilize surgical equipment, or where the hospital failed to properly monitor the patient during the procedure.

How Can a Surgical Error Lawyer Help?

If you or someone you love was harmed by a surgical error, hiring a surgical error lawyer in Santa Fe is essential. At James Wood Law, we can review your medical records, consult with medical experts, and help you understand your rights and options. We can help you determine if you have a valid claim and help you take the right steps to obtain the compensation you are entitled to.

Our surgical error lawyers in Santa Fe can help you seek compensation for:

Medical expenses
Lost wages
Loss of earning capacity
Rehabilitation and therapy
Disfigurement and scarring
Pain and suffering
Disability
Reduced quality of life
Loss of consortium

Our team knows how to build strong claims against negligent surgeons and hospitals, and we have a proven track record of success. We are not afraid to take on large hospitals and insurance companies, and we will fight tirelessly to protect your rights and best interests at every stage of the legal process.

The Impact of Medical Malpractice Laws in New Mexico

Medical malpractice laws in New Mexico are designed to protect patients while ensuring accountability among healthcare providers. These laws make it possible for victims of surgical errors to seek compensation for their suffering and loss. In New Mexico, the statute of limitations for filing a medical malpractice claim is generally three years from the date of the malpractice. However, there are exceptions, especially in cases involving minors. Understanding these legal frameworks is vital for ensuring that victims don't lose their right to pursue legal action by missing critical deadlines.

The state has also set compensation caps on non-economic damages, which can influence the amount a victim may receive. Non-economic damages typically cover intangible losses like pain and suffering or emotional distress. These caps do not apply to economic damages, such as medical bills and lost wages. It's important for victims to engage knowledgeable legal professionals who are adept in navigating these intricate laws to maximize potential compensation and ensure that justice is achieved.

Benefits of Choosing Local Legal Representation

Selecting a local legal representation in Santa Fe offers distinct advantages in managing a surgical error claim. Local attorneys are familiar with state laws and regulations, local court procedures, and even specific challenges or trends prevalent in the local healthcare system. These insights enable them to construct well-informed strategies tailored to the region's legal landscape. Additionally, local lawyers often have established relationships with local judges, healthcare experts, and other professionals, which can be crucial in building a strong argument.

James Wood Law offers the benefit of deep-rooted community ties in New Mexico. This not only augments their understanding of local statutes and their application but also reinforces their commitment to advocating for their clients' needs. Their comprehensive approach ensures clients are treated as individuals with unique circumstances, integrating personalized service with expert legal support to achieve optimum results in the pursuit of justice.

To schedule a free consultation, call our surgical error attorneys in Santa Fe at (888) 579-3866 or contact us online today. We represent clients in Santa Fe, Albuquerque, and throughout New Mexico.

Frequently Asked Questions on Surgical Errors

What Constitutes a Surgical Error in Santa Fe?

Surgical errors encompass a range of missteps during medical procedures. In Santa Fe, these can vary from wrong-site surgeries to post-operative complications that stem from the negligent conduct of a medical professional. Each error potentially affects patient health and may lead to significant medical, financial, and personal consequences. Understanding what constitutes actionable errors is fundamental in assessing whether you might have a valid claim. Surgical mistakes must generally deviate from accepted medical standards and should have caused measurable harm to the patient, whether it's physical, emotional, or financial.

How Can I Prove Medical Negligence in a Surgical Error?

Proving medical negligence in a surgical error involves several steps, starting with demonstrating that a duty of care existed between the patient and the healthcare provider. Detailed medical records, expert witness testimonies, and analysis of the surgery's context and procedure will be scrutinized. The patient's legal team will work to show that the surgeon's actions deviated from the standard care expected in the medical community. It's also critical to establish a direct link between the surgical error and the harm suffered by the patient, often requiring in-depth medical expertise and legal strategy.

What Compensation Can I Receive from a Surgical Error Claim?

Compensation from a surgical error claim in Santa Fe can cover various damages. Victims may receive compensation for tangible losses such as medical bills, rehabilitation costs, and lost wages. Additionally, non-economic damages addressing pain, suffering, and reduced quality of life may be awarded. The compensation aims to alleviate the financial burdens caused by the error and provide some measure of restitution for the intangible hardships endured. Legal representation helps navigate the intricate process of identifying and quantifying these damages accurately.

Are There Time Limits for Filing a Surgical Error Claim in New Mexico?

In New Mexico, strict deadlines dictate the timeline for filing a surgical error claim. Known as the statute of limitations, this period generally affords victims three years from the date of the malpractice to file a claim. However, there are exceptions and nuances, especially if the malpractice wasn't immediately apparent or involved minors. Missing these deadlines can hinder your ability to seek compensation, underscoring the importance of promptly consulting with a knowledgeable lawyer to safeguard your rights and explore your legal options effectively.

What Are the Steps to Take After Experiencing a Surgical Error?

After experiencing a surgical error, the first step is to seek immediate medical assistance to mitigate any health complications and ensure documentation of all subsequent medical treatments related to the error. Collecting medical records and maintaining a detailed personal record of symptoms, treatments, and interactions with healthcare providers is also crucial. Consulting with a legal professional early in the process can guide you through complex legal pathways, preserving evidence and establishing a strong foundation for your claim. Strategic legal intervention can be pivotal in ensuring vigorous pursuit of deserved compensation.

When Experience Matters, Hire the Best

Multiple Verdicts and Settlements Obtained of $5,000,000 or More
Settled Hundreds of Cases Successfully
Board Certified Trial Lawyer by the National Board of Trial Advocacy
Rated AV Preeminent® by Martindale-Hubbell®
SuperLawyers in Medical Malpractice Law

Surgery Shouldn’t Lead to More Harm.

If a surgical mistake caused you or a loved one serious harm, you deserve answers—and experienced legal representation. With more than 60 years of experience, and Board-Certified leadership, James Wood Law is equipped to hold negligent surgeons accountable. Free consults and hospital visits available.

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