Las Cruces Surgical Error Lawyer

Q: Can You Sue for Botched Surgery?

Yes, you may be able to sue for botched surgery if it resulted from medical negligence. You must show that the healthcare provider failed to meet the accepted standard of care and that this failure directly caused your injury. Compensation may cover medical expenses and emotional damages.

Q: How Common Is It for Surgeons to Be Sued?

It is relatively common for surgeons to face claims, with many physicians reporting at least one lawsuit during their careers. However, not all claims result in compensation, as outcomes depend on the severity of harm and the strength of the evidence.

Q: Can You Get Compensation for a Surgery Gone Wrong?

You may be able to recover compensation for a surgery gone wrong if you can prove the surgeon failed to meet the accepted standard of care. This may include damages for medical costs, lost income, and pain and suffering.

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Las Cruces Surgical Error Attorney

When a surgeon or medical team makes a preventable mistake, the consequences for a patient can be life-changing. Serious injuries, long-term complications, and even death are very real possibilities, leaving victims and their families with mounting medical bills and lifelong burdens. Luckily, you have options for pursuing compensation following a mistake by medical professionals. A Las Cruces surgical error lawyer can give you the legal support and guidance you need for your medical malpractice case.

Hire a Surgical Error Lawyer

Founded in 1966, Branch Law Firm has been providing dedicated legal support to the victims of surgical errors for decades. We know how these injuries can impact your life, and we work closely with our clients to help them hold healthcare providers accountable for their negligence. Above all, we want injury victims and their families to have the compensation they need to move forward in their lives.

New Mexico’s surgical error laws can be difficult to understand, and injury victims shouldn’t have to contend with complex legal principles to recover compensation for someone else’s negligence. Turn to the team at Branch Law Firm for the support and guidance you need during this difficult time.

What Causes Surgical Errors?

In many cases, surgical errors are the result of preventable mistakes, system failures, or negligence. Understanding the causes can help explain how these injuries occur and give victims a starting point when it comes to proving the negligence of a care provider. The common causes of surgical errors include:

Poor communication among the surgical team. If doctors, nurses, and anesthesiologists fail to clearly share important information, mistakes are more likely to occur.
Fatigue. If staff are tired or overworked, their judgment can become compromised, and the likelihood of errors increases.
Inadequate preoperative planning. If the medical team doesn’t properly review the patient’s medical history, the surgical team may not be prepared for complications.
Failure to follow safety protocols. The medical team may fail to adhere to standard or institutional safety protocols, leading to harm.
Insufficient training. If the staff are not fully trained to handle complex procedures, they could end up making dangerous mistakes.

Common Types of Surgical Errors

Surgical errors can be life-threatening mistakes, leaving victims with serious complications. One of the most common surgical errors is wrong-site surgery, making up eight percent of complications reported to The Joint Commission. This occurs when doctors perform the surgery on the wrong body part. Similarly, retained surgical instruments, where items like sponges or tools are left inside the body, are another common error.

Post-surgical infections due to improper sterilization or failure to follow protocols can lead to severe complications. Surgical error cases can be difficult to prove, which is why it’s helpful to work with an experienced attorney.

Compensation for Damages Caused by Surgical Errors

When a surgical error leads to injury, patients and their families may be entitled to compensation for their damages. Following any personal injury, victims are entitled to economic and non-economic damages with the goal of restoring them to the position they were in before the injury as much as possible. Economic damages include the costs of medical treatment, hospital stays, ongoing care, lost wages, and other financial losses.

Non-economic damages are caused by intangible losses, such as pain and suffering, emotional distress, loss of consortium, and disfigurement. Calculating non-economic damages can be tricky. Your attorney can choose one of two methods, either the multiplier method or the per diem method. With the multiplier method, you assign a value to your damages and multiply it by your economic losses. For the per diem method, you assign a daily figure to your suffering and multiply it by the number of days suffered.

FAQs

Can You Sue for Botched Surgery?

You could file a claim for botched surgery if it resulted from medical negligence. Not all poor surgery outcomes qualify as negligence, and you must show that your healthcare provider failed to meet the accepted standard of care. What’s more, you also need to prove that this failure led to your injury to have a valid claim. You can pursue compensation to cover the cost of caring for your injuries and the emotional damages you suffered.

How Common Is It for Surgeons to Be Sued?

It’s relatively common for surgeons to have claims filed against them. As of 2022, 31.2% of physicians reported they’ve been sued at least once in their careers. However, claims do not always result in a settlement or court order to pay a victim. These claims depend on the severity of the harm you suffered and the strength of your evidence proving the surgeon failed to provide appropriate care.

Can You Get Compensation for a Surgery Gone Wrong?

You can get compensation for a surgery gone wrong in Las Cruces. While not every surgical error results in a valid claim, you could pursue damages if the surgeon failed to meet an accepted standard of care. Proving this is difficult, which is why it’s important to work with a Las Cruces surgical error attorney. They can investigate the incident, collect proof of negligence, and consult other medical professionals to determine whether the standard level of care was followed.

How Long Do I Have to File a Claim for a Surgical Error?

In New Mexico, you generally have three years from the date of the surgical error to file a claim for compensation. This statute of limitations is set by the Medical Malpractice Act, but know that there are some exceptions. For example, if the injury isn’t discovered right away, the clock may not start ticking right away. Similarly, if the injury victim is a minor, the statute of limitations may be tolled until they turn 18.

Las Cruces Surgical Error Lawyer

If you or a loved one has been the victim of a surgical error, you may be entitled to compensation for your losses. Hire a surgical error lawyer from Branch Law Firm to guide you through this emotionally challenging time. Our team can investigate the error, collect evidence of negligence, and represent you in settlement negotiations or court proceedings. Don’t let a negligent surgeon get away with causing you harm. Let us help you hold them accountable. Contact us today to discuss your surgical error case.