Albuquerque Surgical Error Lawyer

Thousands of people in New Mexico will require surgical procedures every year, and the majority of these patients will receive safe and effective treatment. Unfortunately, there is a risk of injury with every surgery, and it is possible for a patient to suffer adverse complications due to medical negligence in the operating room. If you believe you have experienced any such issue, you need to speak with an Albuquerque surgical error lawyer as quickly as possible.

Representing Surgical Error Claims in Albuquerque, NM

The Branch Law Firm offers client-focused legal counsel for victims of negligent surgical errors in Albuquerque and surrounding communities. Throughout the decades of our firm’s operation, we have successfully helped many past clients secure compensation for their damages while ensuring accountability for those responsible for their injuries. If you believe you have been harmed by medical malpractice, we can help you recover.

It’s vital to understand the value of having trustworthy legal counsel on your side as you approach any type of medical malpractice case. While a medical malpractice case unfolds under personal injury law, these cases are unlike standard personal injury claims and require meeting very specific procedural rules. State law sets limits on compensation and enforces a formal review by the Medical Review Commission before a claim can be filed.

Ultimately, a surgical error claim is likely to be one of the most challenging cases anyone can file, and it is vital for the claimants to have legal counsel on their side if they hope to succeed with their case. When you choose the Branch Law Firm for legal representation in any type of medical malpractice case, you can expect personalized attention, responsive communication with our team, and results-driven legal counsel through every phase of your case.

Understanding Surgical Error Claims

It is important to understand the definition of medical malpractice if you intend to pursue a surgical error claim. Medicine is inherently uncertain in many ways, and virtually every surgical procedure a person might undergo will entail some degree of risk. If a surgeon made an honest mistake due to forces beyond their control or unpredictable variables, no one could have prevented it, and this is likely not grounds for a medical malpractice suit.

Medical malpractice occurs when a medical professional deviates from their patient’s standard of care or if they are negligent in any manner that results in harm to the patient. Surgical error cases can arise in many ways, including:

• Incompetently performed surgery. A surgeon must possess the required experience, training, and certification to perform a specific procedure. If a medical professional who lacks the required qualifications attempts to complete a procedure and harms their patient, it is a clear example of medical malpractice.
• Informed consent violations. When any patient requires a surgical procedure, their attending physician must explain all the potential risks and benefits of the procedure so the plaintiff can provide their informed consent. If a surgeon performs a procedure without fully securing informed consent or performs any procedure against the patient’s wishes without a clear medical need to do so, these issues will qualify as malpractice.
• Traumatic injury. A surgeon must take care not to injure their patient in the operating room. This means following approved procedures and using accepted techniques to ensure minimal harm to the patient. If a surgeon is careless during a procedure, they could cause a traumatic injury inside of the patient’s body that could lead to severe adverse health outcomes.
• Anesthesia error. Many surgical procedures will require patients to be under the influence of anesthesia. There are many types of anesthesia, from local anesthesia that numbs only a small part of the body to general anesthesia that renders a patient unconscious during an invasive procedure. Any error in the dosage or monitoring of patient vital signs during surgery could have catastrophic effects.
• Leaving surgical materials inside of the patient’s body. While rare, there have been cases involving surgical instruments left inside of the patient’s body. In some cases, these objects do not cause harm for some time, but they can potentially cause severe ruptures and a wide range of adverse effects that could require extensive corrective treatment.

It is possible for a surgeon to make a small mistake during a procedure and correct it immediately with little to no harm done to the patient. They must explain what happened and how they corrected the issue, and they must take full responsibility for any adverse outcomes of their error, but this would be unlikely to constitute a medical malpractice suit. They would, however, face such a claim if they were negligent in a way that caused substantial harm to the patient.

New Mexico Rules for Filing Surgical Error Claims

It is crucial to understand the state’s rules for filing medical malpractice cases, as these cases are unlike other personal injury claims. Before a patient can proceed with filing their claim, they will need to submit an application for review to the New Mexico Medical Review Commission. The commission will assign a review panel to their case, which typically consists of three medical professionals and three commission-approved attorneys.

This panel will review evidence, records, and arguments from both sides of the claim and attempt to answer two important questions. First, they must decide whether medical malpractice indeed occurred. Second, they will need to determine whether there is substantial medical probability that the medical malpractice caused harm to the patient. If they approve the claim and side with the injured claimant, the panel’s decision cannot be admitted to the court.

However, the panel will work with the claimant to help them obtain expert witness testimony. They will assist them in locating a medical professional who holds the necessary qualifications to provide detailed expert witness testimony on behalf of the injured claimant. This individual should hold the same or greater experience and board certifications as the defendant. If your surgical error claim has been approved, you can proceed with filing your civil suit.

Resolving Your Surgical Error Claim in Albuquerque, NM

Remember that you will need to meet the statute of limitations for filing your claim. The standard statute of limitations is three years following the date the malpractice occurred. However, if malpractice caused complete incapacity, the statute of limitations would extend to one year following the victim’s termination of incapacity.

The statute of limitations can also extend when the exact cause of the victim’s injury cannot be immediately determined or if the defendant actively concealed their malpractice. Additionally, when you submit your claim to the New Mexico Medical Review Commission for review, the statute of limitations pauses during their review process, resuming 30 days after the panel has made its decision.

If your case has progressed to this point, you can proceed with filing the claim. Many medical malpractice cases in Albuquerque end in private settlement negotiations, as this process for resolving a case allows the parties involved to reach a negotiated settlement more quickly than they could resolve the case in court. However, settlement is not a viable option for every surgical error claim.

The Branch Law Firm can provide ongoing legal counsel through settlement negotiations, and if you must resolve your case at trial, you can count on us to represent you in court. We can help determine the extent of the damages you can claim from the defendant, some of which will be limited under state law.

When it comes to a plaintiff’s compensatory damages, state law does not place any restrictions on compensation for the plaintiff’s medical expenses resulting from the malpractice they experienced. This means the plaintiff can seek full compensation for all additional medical expenses they incurred because of the defendant’s malpractice, including the cost of all future medical care they require.

State law does, however, limit compensation for lost income and lost earning capacity as well as pain and suffering. Your Albuquerque surgical error lawyer can assist you in determining a suitable amount of pain and suffering compensation to seek with your claim, ideally maximizing this aspect of your case award as much as state law allows.

If the defendant in your case was egregiously negligent or engaged in any fraud or concealment with respect to the surgical error that harmed you, you could also receive punitive damages as part of your case award. As the name implies, these damages intend to punish a defendant for their actions rather than to compensate a loss. Your attorney can explain what to expect if punitive damages could come into play in your case.

Find Trustworthy Legal Counsel in Albuquerque, NM

The right attorney can make a tremendous positive difference in the outcome of your impending surgical error claim. If you are concerned about the potential cost of hiring an Albuquerque surgical error lawyer, the Branch Law Firm can take your case on a contingency basis. Our fee will be a percentage of whatever compensation we secure for you, and you will pay this fee if and when we win your case.

Contact the Branch Law Firm today to schedule your free consultation with an experienced Albuquerque surgical error lawyer and learn how our team can assist you with your recovery efforts.