When you entrust a surgeon with your care, you expect them to follow proper procedures and provide competent treatment. Surgical errors that result from negligence or carelessness can cause devastating injuries, and recognizing the warning signs helps you take action to protect your rights.
At Dominguez Law, we have been fighting for injured clients in New Mexico for over a decade. We secured over $30 million in settlements and verdicts with a 99% success rate across more than 300 successfully resolved cases, including a $2,500,000 medical malpractice verdict. Our initial consultations are free of charge, and we work on a contingency fee basis.
Wrong-Site or Wrong-Patient Surgery
Operating on the wrong body part or performing surgery on the wrong patient represents one of the most serious preventable errors in medicine. Hospitals and surgical centers use multiple safety checks to prevent these mistakes, including marking the surgical site with a permanent marker before entering the operating room, verifying patient identity and the planned procedure during a pre-surgery timeout, and reviewing medical records to confirm the correct location.
When these errors occur, they often indicate multiple system failures. The surgeon, nurses, anesthesiologist, and other staff all bear responsibility for verifying patient identity and surgical site. A patient may undergo surgery on the left leg when the right leg required treatment, have an organ removed that should have remained, or receive a procedure intended for another patient entirely.
The consequences extend beyond the immediate error. You may need additional surgery to address the original problem, suffer permanent damage to the incorrectly operated area, and endure complications from an unnecessary procedure. The physical pain combines with emotional trauma and the financial burden of multiple surgeries when only one should have occurred.
Surgical Instruments or Materials Left Inside Your Body
Surgical teams count all instruments, sponges, and materials before, during, and after procedures to ensure nothing remains inside the patient. When these counts are performed incorrectly or when discrepancies are ignored, patients suffer serious complications from retained foreign objects.
Common items left behind include surgical sponges that cause infections or blockages, needles and scalpels that perforate organs, clamps and forceps that damage tissue, and drains or tubes that should have been removed before closing the incision. Some patients do not discover the error until months or years later when symptoms finally develop.
Symptoms of Retained Objects
Unexplained pain at or near the surgical site, swelling or a feeling of fullness in the area, fever or signs of infection, and chronic discomfort that worsens over time all suggest a retained foreign object. Imaging tests such as X-rays or CT scans typically reveal the problem.
Once discovered, you need another surgery to remove the object and repair any damage. This second procedure carries its own risks and complications. The initial error subjects you to unnecessary pain, additional medical expenses, and prolonged recovery.
Nerve Damage or Injury to Adjacent Organs
Surgeons must exercise care to avoid damaging nerves, blood vessels, and organs near the surgical site. While some procedures carry unavoidable risks, damage caused by carelessness or improper technique may constitute malpractice.
Signs of Nerve Damage
Numbness or tingling in the affected area, loss of sensation or ability to move normally, chronic pain that persists beyond expected recovery time, and muscle weakness or paralysis indicate potential nerve damage. The severity can range from temporary numbness to permanent loss of function.
Damage to adjacent organs produces varied symptoms depending on which organ was affected. A nick to the bowel during abdominal surgery may cause infection or sepsis. Damage to blood vessels can lead to internal bleeding or blood clots. Injury to the bladder, ureters, or other structures during pelvic surgery can cause ongoing problems.
Determining Whether Negligence Occurred
Not every surgical complication constitutes malpractice. The key question involves whether the surgeon exercised reasonable skill and care. Factors suggesting negligence include operating while fatigued or impaired, failing to properly identify anatomical structures before cutting, using improper surgical technique, ignoring signs of complications during the procedure, and inadequate pre-operative planning.
Your medical records become crucial evidence. An attorney may consult medical professionals who can review the records and determine whether the surgeon’s actions fell below accepted standards. These reviews compare what happened to what a reasonably competent surgeon would have done in similar circumstances.
What to Do After Discovering a Surgical Error
Continue following medical advice and attend all follow-up appointments. If you experience concerning symptoms, seek immediate medical attention. Obtain a second opinion from a doctor who was not involved in the original surgery. Request complete copies of all medical records, including operative notes, anesthesia records, and nursing documentation.
Document how the error affects your daily life. Keep a journal noting pain levels, activity limitations, and emotional distress. Photograph visible injuries or surgical sites. This documentation helps establish the extent of your damages when pursuing compensation.
Do not sign documents from the hospital or surgeon’s office without legal review, especially if they ask you to waive your right to sue or accept a quick settlement. These early offers rarely reflect the full value of your claim. You have three years from the injury date or discovery to file a medical malpractice lawsuit in New Mexico, though exceptions exist.
Contact Dominguez Law
Surgical errors can alter your life permanently. When medical professionals fail to meet the standard of care and cause preventable harm, you deserve to hold them accountable. At Dominguez Law, we prepare every case with the expectation it may go to trial, which strengthens our negotiating position with insurance companies. Our track record includes achieving significant results for clients, including a $2,500,000 medical malpractice verdict, $1,500,000 personal injury verdict, and over 300 successfully resolved cases.
As a fifth-generation New Mexican, attorney Paul Dominguez has dedicated his career to fighting corporate greed and protecting individual rights. We take calls on the weekends and offer free initial consultations. Contact us today to discuss your case and learn how we can help you pursue the compensation you deserve.
