Albuquerque Surgical Error Lawyers

Surgical Error Examples

Surgeons or other medical staff assisting with a procedure need to be diligent, cautious, and well-informed before completing any part of a patient’s operation. This includes pre-operative and post-operative care. When mistakes happen, permanent disabilities or even fatalities are a possibility.

According to a study published by a group of doctors from Johns Hopkins University, thousands of surgical mistakes happen every year—at least 4,000 times. Referred to as “never events,” because they should never happen, mistakes in the operating room can have a lifelong impact on patients and their families.

If you’re taking legal action against the negligent medical provider or facility, you’ll need to have a comprehensive understanding of how you were injured and why. There are several common surgical errors we see clients deal with. 

Common surgical errors we see in Albuquerque include:

• Wrong-Site Surgery: This occurs when a surgeon operates on the wrong part of the body, such as performing an amputation on the left leg instead of the right.
• Wrong-Patient Surgery: Due to administrative errors or patient misidentification, a patient receives a surgery intended for someone else.
• Retained Foreign Objects: Surgeons or nurses may leave sponges, needles, clamps, or other surgical instruments inside the patient’s body, leading to life-threatening infections.
• Incision Errors: A slip of the scalpel can damage surrounding nerves, blood vessels, or healthy organs, causing permanent impairment.
• Anesthesia Errors: This involves administering the wrong dosage of anesthesia, failing to monitor a patient’s oxygen levels, or failing to check for patient allergies, which can lead to brain damage or wrongful death.
• Nerve Damage: Precision is vital in surgery. If a surgeon strikes a nerve, the patient may suffer from chronic pain, numbness, or paralysis.

Common Causes of Surgical Errors

While surgeons are highly trained, they are susceptible to human error—especially when hospital systems fail to protect patient safety. Investigations into surgical malpractice often reveal one or more of the following causes:

• Surgeon Fatigue: Many surgeons in New Mexico hospitals work long, grueling shifts. Exhaustion leads to a decline in cognitive function and manual dexterity.
• Inadequate Pre-operative Planning: Surgeons must review medical history, imaging (MRIs/CT scans), and potential complications before the first incision. Failing to prepare is a leading cause of error.
• Poor Communication: Many errors happen during the "hand-off" or within the operating room when the surgeon, anesthesiologist, and nursing staff are not on the same page regarding the patient's identity or the specific procedure.
• Substance Abuse: Unfortunately, the high-stress environment of medicine leads some providers to rely on drugs or alcohol, severely impairing their judgment during surgery.
• Neglect: Skipping standard safety protocols, such as the "Time Out" procedure used to verify the patient and surgical site, is a form of professional neglect.

Short- & Long-Term Effects of Surgical Errors

The consequences of a surgical mistake are rarely minor. They often set off a chain reaction of medical and financial crises for the victim.

Short-Term Effects

In the immediate days following a botched surgery, a patient may experience extreme pain, internal hemorrhaging, or sepsis. Most surgical errors require a second "corrective" surgery to fix the original mistake. This means the patient must undergo anesthesia again and endure a much longer, more painful hospital stay than originally anticipated.

Long-Term Effects

The long-term impact can be life-altering. Victims of surgical malpractice in Albuquerque may face:

• Permanent Disability: Loss of limb function, paralysis, or organ failure.
• Chronic Pain: Nerve damage or internal scarring that requires lifelong pain management.
• Cognitive Impairment: If oxygen was cut off during an anesthesia error, the patient may suffer permanent brain damage.
• Psychological Trauma: Many victims suffer from PTSD, severe anxiety, and a debilitating fear of medical environments.
• Financial Ruin: Between mounting medical bills and the inability to return to work, families often find themselves in a dire financial situation.

Where Does Surgery Malpractice Occur in Albuquerque?

Albuquerque serves as the medical hub for much of New Mexico. While these facilities house some of the best technology in the world, they are also prone to the systemic issues that lead to errors. Surgical malpractice claims often arise from incidents at:

• University of New Mexico (UNM) Hospital: As a Level I trauma center and teaching hospital, the high volume and presence of residents can sometimes lead to oversight.
• Presbyterian Hospital: One of the largest healthcare systems in the state, where administrative pressures can sometimes overshadow individual patient care.
• Lovelace Medical Center: A major provider where errors in specialized surgeries (cardiac, orthopedic, etc.) can have devastating results.
• Private Surgical Centers: Many Albuquerque residents choose smaller, outpatient clinics for minor procedures. These facilities may lack the intensive care resources needed to respond when a surgery goes wrong.

Regardless of where your surgery took place, Buckingham & Vega Law Firm has the experience to investigate these institutions and their staff.

Who is Liable?

Determining liability in a surgical error case requires a deep dive into the "chain of command" in the operating room. Depending on the circumstances, one or more parties may be held responsible:

• The Surgeon: If the error was a direct result of their technical skill or judgment.
• The Anesthesiologist: For errors related to sedation and vital sign monitoring.
• The Hospital: Facilities can be held liable for the negligence of their employees, inadequate staffing, or failing to maintain equipment.
• The Nursing Staff: If their failure to monitor the patient or count instruments led to the injury.
• Medical Device Manufacturers: If a malfunctioning surgical robot or tool caused the harm.

Recovering Compensation

In New Mexico, victims of medical malpractice have the right to seek "compensatory damages." Our goal at Buckingham & Vega Law Firm is to ensure you receive a settlement or verdict that covers the full scope of your losses, including:

• Medical Expenses: Coverage for the original surgery, corrective procedures, medications, and future rehabilitation.
• Lost Wages: Compensation for the time you missed at work, as well as loss of future earning capacity if you can no longer perform your job.
• Pain and Suffering: For the physical agony and emotional distress caused by the error.
• Loss of Enjoyment of Life: When an injury prevents you from engaging in hobbies or activities you once loved.
• Wrongful Death: If a surgical error resulted in the loss of a loved one, we fight for funeral expenses and loss of companionship.

FAQs About Surgical Errors

What is the statute of limitations for surgical error claims in New Mexico?

New Mexico law generally allows three years from the date of injury to file a surgical error lawsuit, but some exceptions may apply depending on your situation. Speak with a legal professional early to determine the correct deadline in your case.

Do I need to go through the Medical Review Commission before filing a malpractice lawsuit?

Yes, most medical malpractice claims in New Mexico require review by the New Mexico Medical Review Commission before you can file a lawsuit. This step confirms whether enough evidence of negligence exists to support your claim.

What should I bring to an initial consultation about a surgical error?

Bring your medical records, details about the surgery, a timeline of key events, and any communication or discharge notes from your health care provider. Good documentation helps your legal team assess options and offer more detailed guidance.

Contact Our Albuquerque Surgical Error Attorney Today

If you’re looking to expedite your recovery, filing a personal injury claim for your injuries is the easiest way to do so. We understand the challenges that come with taking legal action while recovering from unexpected injuries. That’s why our Albuquerque surgical error lawyers will handle your claim for you.

If your injuries resulted from a negligent surgeon, surgical tech, or another medical care provider before, during, or after an operation, holding the negligent party responsible will ensure you have the compensation you need to recover and discourage them from acting in a similar way in the future.

Surgical error claims take time because of the evidence needed to prove negligence. The sooner you get started, the better your chances are of receiving a full and fair monetary award. 

Contact our law firm today to learn more about your legal rights and options with our Albuquerque surgical error lawyer.