Surgical Error Lawyer Albuquerque | Here’s How To Know If You Have A Case
If you need a surgical error lawyer Albuquerque, keep reading this post now. In this blog we will cover surgical errors and medical malpractice law in New Mexico.
Undergoing surgery is often a stressful experience, but we trust our surgeons to perform their duties with the utmost care and professionalism. Unfortunately, surgical errors do happen, and when they do, they can have serious, life-altering consequences. In New Mexico, if you or a loved one has suffered due to a surgical error, you may be able to file a medical malpractice lawsuit to seek compensation. Here’s what you need to know about surgical errors in New Mexico and when they may constitute grounds for a malpractice claim. If you need a free case review call surgical error lawyer Albuquerque Jason Bowles (505) 217-2680
Understanding Surgical Errors in New Mexico
Surgical errors refer to mistakes made by a surgeon or surgical team during an operation. These errors go beyond the typical risks associated with surgery and can include actions or omissions that fall below the standard of care expected in the medical community. Examples of surgical errors in New Mexico include:
– Wrong-site surgery: Operating on the wrong part of the body, such as the incorrect limb or organ.
– Leaving foreign objects in the body: Accidentally leaving surgical instruments, sponges, or other materials inside the patient.
– Nerve damage: Severing or injuring nerves, which can lead to permanent disability or pain.
– Anesthesia errors: Administering too much or too little anesthesia, leading to severe complications or even death.
– Performing the wrong procedure: Conducting a surgery different from what the patient consented to or needed.
These errors can cause significant harm, including infection, prolonged recovery, disability, and additional surgeries. If a surgical error has affected you or someone you know, it’s essential to understand whether it qualifies as malpractice under New Mexico law.
When is a Surgical Error Considered Medical Malpractice?
In New Mexico, not every surgical error qualifies as medical malpractice. To establish a valid claim, you must be able to demonstrate that the surgical error was the result of negligence. Medical malpractice cases typically involve proving the following elements:
1. Duty of Care: Surgeons and other medical professionals owe a duty of care to their patients. This means they must perform procedures according to accepted medical standards.
2. Breach of Duty: You must show that the surgeon breached this duty by acting in a way that a reasonably competent surgeon would not have. In cases of surgical errors in New Mexico, this might mean a surgeon who fails to verify the surgical site or neglects to follow established protocols.
3. Causation: The surgical error must have directly caused your injury or harm. For instance, if a surgeon leaves a sponge inside your body and it leads to an infection, you must prove that the infection was a direct result of that negligence.
4. Damages: Finally, you must show that the surgical error led to measurable harm, such as additional medical bills, lost wages, physical pain, or emotional suffering.
If these four elements are present, then the surgical error may indeed constitute medical malpractice, and you may have a valid claim for compensation.
How to Prove Surgical Errors in New Mexico
Proving a surgical error case often requires substantial evidence and expert testimony. Here are some critical steps involved in building a strong malpractice case related to surgical errors in New Mexico:
– Gather Medical Records: The first step is to obtain your medical records. These documents provide a detailed account of your surgery, the procedures performed, and any complications that arose.
– Consult with Medical Experts: In many cases, an expert witness is necessary to demonstrate how the surgical error deviated from the accepted standard of care. Medical experts review your records and testify to whether the error was avoidable and whether it directly led to your injuries.
– Document Your Damages: Keep thorough records of your financial and emotional damages. This includes medical expenses, lost wages, and any pain and suffering you’ve endured as a result of the surgical error.
New Mexico’s medical malpractice laws have specific statutes and requirements, so it’s essential to work with a qualified attorney who understands the intricacies of surgical errors in New Mexico. Having experienced legal representation can make the difference in successfully proving negligence and obtaining compensation for your injuries.
Statute of Limitations for Surgical Errors in New Mexico
It’s crucial to act quickly if you believe you have a claim, as New Mexico has a statute of limitations for medical malpractice cases. Generally, you have three years from the date of the surgical error to file a lawsuit. However, certain exceptions may extend or shorten this deadline depending on the specifics of your case.
For example, if the error was not immediately discovered, the statute of limitations may begin from the date the error was reasonably detected. Given the time-sensitive nature of these claims, consulting with a New Mexico medical malpractice attorney as soon as possible can ensure you don’t miss any important deadlines.
What Compensation is Available in Surgical Error Cases?
In New Mexico, victims of surgical errors may be eligible to recover various types of compensation, also known as damages, for their suffering and financial losses. Common types of damages awarded in surgical error cases include:
– Medical Expenses: This includes the costs of corrective surgeries, hospital stays, and ongoing medical care related to the surgical error.
– Lost Wages: If the surgical error affected your ability to work, you may be compensated for your lost income, both current and future.
– Pain and Suffering: You may be entitled to compensation for the physical pain and emotional distress caused by the surgical error.
– Punitive Damages: In rare cases, punitive damages may be awarded if the surgical error resulted from especially reckless or intentional misconduct.
The exact amount you may be able to recover depends on the severity of your injuries and the circumstances of the error. An attorney experienced with surgical errors in New Mexico can help you understand your potential for compensation based on the unique aspects of your case.
Take the Next Step: Contact Bowles Law Firm for a Free Case Review
If you or a loved one has suffered from a surgical error in New Mexico, you may have grounds for a medical malpractice lawsuit. Seeking justice for a surgical error can be a complex process, but the team at Bowles Law Firm is here to help. Learn more about medical malpractice attorney Jason Bowles on our website and bring your medical records to our office in Albuquerque, or call us at (505) 217-2680 for a free case review. You can also chat with us live 24/7 by clicking the chat widget in the bottom corner of our website. Let us help you pursue the compensation you deserve and hold negligent medical professionals accountable. Contact surgical error lawyer Albuquerque Jason Bowles