New Mexico Surgical Error Lawyer

Undergoing surgery is nerve-racking for many people, especially if the person receiving the surgery must be anesthetized for the surgery. Surgeons are specially trained medical professionals with years of training in their history. Though many surgeries are generally considered safe, any errors during the process have the ability to cause significant, potentially life-altering injuries. Contact a New Mexico surgical error lawyer if you believe your surgical team caused harm during your surgery.

The experienced medical negligence attorneys at Branch Law Firm are professional, qualified, and compassionate. It is our team’s mission to help clients with injuries resulting from surgical errors, misdiagnosis, improper treatment, and more.

By entrusting us to manage your malpractice injury claim, a knowledgeable lawyer will guide you through the process and work diligently to earn you nothing less than fair compensation for the harm you suffered. The same is true if a loved one dies as a result of a surgical error.

Proving a Surgical Mistake Was Negligent Malpractice

Medical malpractice is not just any mistake a doctor or other healthcare provider may make. Malpractice implies that the physician attending to your injury, illness, or other condition was doing so negligently or carelessly. Your lawyer must be able to convince the court that such circumstances transpired by proving that each factor that constitutes negligence occurred.

The first of these elements is that there was a standard of care you were owed by the physician. “Standard of care” refers to how any reasonable medical professional would treat a specific ailment– in accordance with substantiated, widely accepted medical knowledge and practice. Your attorney will argue that the care prescribed was not what a reasonable medical professional would choose if faced with the same circumstances and information.

Your malpractice attorney may prove that the doctor owed you a different standard of care than the one you received by presenting the testimony of a different medical professional and how they would treat the same symptoms. It must then be evidenced that your physician did breach or fail to provide the standard of care in actuality; this may be established with the records of your symptoms along with the treatment you were prescribed.

Finally, it must be proven that the medical professional’s breach of standard care is what directly led to your further injury and subsequent damages. These damages are often easily shown with your medical bills from the additional treatment needed after the negligent care. Additional losses may also be shown, such as loss of income, if the injured individual can not return to their career.

Surgical Errors and Potential Consequences

Examples of the numerous surgical mistakes a surgeon or surgical team can potentially make include:

• Using surgical instruments that weren’t adequately sterilized
• Leaving instruments or other items inside the patient’s body
• Operating on a body part other than the site that required treatment
• Conducting the incorrect surgical procedure
• Performing the procedure improperly, such as damaging a nerve, puncturing an organ, or nicking a vein or artery.

Surgical errors can have especially disastrous consequences due to the inherent invasiveness and risks surrounding surgery. Potential, yet avoidable, injuries and illnesses that a patient may suffer the effects of because of a surgical team’s negligence include permanent nerve damage, paralysis, infections, internal bleeding, hemorrhaging, and other life-altering or -threatening impacts.

Damages You Can Recover After Surgical Malpractice

An injury settlement is compensation in the form of a financial payment or coverage meant to help right the misconduct and harm inflicted upon the victim. It is also meant to eliminate the injured person’s debt and other out-of-pocket costs due to treating the harm caused.

Compensation awards are the sum of the victim’s economic damages and non-economic damages. Some states have a cap that limits how much an injured patient may earn in total or receive for pain and suffering (non-economic) damages. In New Mexico, there is a cap on medical malpractice settlements committed by both individual providers as well as facilities owned and controlled by a hospital, but compensation for all medical expenses and benefits has no limit.

FAQs

Q: How Do You Prove a Negligent Surgical Error?

A: Proving a negligent surgical mistake occurred entails your injury lawyer sufficiently establishing that:

1. There is a standard of care for the ailment you sought treatment for, which a reasonable physician would provide if they were asked to treat you,
2. Your provider failed to meet this standard required of them,
3. This breach is what directly caused your condition to worsen or you to sustain a new injury/illness you wouldn’t have otherwise, and
4. This inflicted injury was significant, resulting in damages.

Q: What Happens if Your Surgical Team Makes a Mistake?

A: If your surgical team makes an injurious mistake that necessitated you to endure further medical treatment, recovery time, and expenses than you would have had they not made the error, you likely have a strong claim for medical negligence. If you wish to seek compensation, preserve all evidence, including medical documentation, and consult with an injury lawyer as soon as possible.

Q: How Long Do I Have to File a Malpractice Claim?

A: In New Mexico, you must file a medical malpractice claim within three years from the date of the malpractice. While this may sound like plenty of time, beginning your malpractice injury case as soon as possible is crucial.

The sooner after your experience that you consult with an attorney and start your case, the easier it will be to collect relevant evidence and the more time your attorney has to conduct research and develop a compelling argument on your behalf.

Q: What Is the Medical Malpractice Act in New Mexico?

A: In New Mexico, any individual who believes they were injured as a result of medical malpractice has the legal right to pursue compensation for the damages inflicted. If the court finds the accused healthcare provider guilty of medical negligence, the victim is awarded financial compensation for both their non-economic and economic damages.

Reach Out to Legal Professionals Who’ll Work to Recover Your Damages

Even professionals make mistakes on the job, but when a professional’s mistakes may be the difference between life and death, the matter should be treated very seriously. That’s why at Branch Law Firm, our injury attorneys are dedicated to helping wronged patients and families of wrongful death victims. Contact our office today.