When a medical procedure is performed improperly — whether due to a surgeon’s error, inadequate preparation, or failure to follow established protocols — the consequences for the patient can be severe and life-altering. Improperly executed medical procedures are a leading cause of medical malpractice claims in the United States, and patients in New Mexico who have been harmed by procedural errors have the right to seek compensation for their injuries.
Medical procedures, from routine surgeries to complex interventions, carry inherent risks. However, when a healthcare provider deviates from the accepted standard of care during a procedure — and that deviation causes harm — the line between an acceptable complication and actionable malpractice has been crossed.
What Constitutes an Improperly Executed Procedure?
An improperly executed procedure occurs when a healthcare provider fails to perform a medical intervention in accordance with the accepted standard of care. This can happen at any stage — before, during, or after the procedure. Common examples include:
Surgical Errors
- Wrong-site surgery — Operating on the wrong body part, wrong side, or wrong patient
- Retained foreign objects — Leaving surgical instruments, sponges, or other materials inside the patient
- Nerve or organ damage — Accidentally cutting, puncturing, or damaging structures adjacent to the surgical site
- Improper technique — Using outdated, inappropriate, or careless surgical methods
Anesthesia Errors
- Administering too much or too little anesthesia
- Failing to review the patient’s medical history for contraindications
- Inadequate monitoring during the procedure
- Delayed response to anesthesia complications
Diagnostic Procedure Errors
- Perforating organs during endoscopy or colonoscopy
- Misinterpreting biopsy results
- Contaminating samples leading to false results
Pre-Procedure Failures
- Inadequate patient evaluation or screening
- Failure to obtain proper informed consent
- Not reviewing the patient’s medication list for dangerous interactions
- Failing to order necessary pre-operative tests
Post-Procedure Failures
- Inadequate monitoring during recovery
- Failure to recognize and treat complications promptly
- Premature discharge
- Insufficient follow-up care instructions
Why Procedures Go Wrong
Research into medical errors has identified several systemic and individual factors that contribute to improperly executed procedures:
- Communication failures — Miscommunication among surgical team members is the most frequently cited root cause of procedural errors
- Protocol violations — Failure to follow established safety checklists, such as the WHO Surgical Safety Checklist or The Joint Commission’s Universal Protocol
- Fatigue and burnout — Providers working long hours under high stress are more prone to errors
- Inadequate training or supervision — Procedures performed by insufficiently trained residents or providers operating outside their expertise
- Equipment failures — Malfunctioning or improperly maintained surgical equipment
- Understaffing — Insufficient nursing or support staff in the operating room or recovery area
Proving Malpractice for an Improperly Executed Procedure
To succeed in a malpractice claim based on an improperly executed procedure in New Mexico, you must establish four elements:
- Duty of care — The healthcare provider owed you a duty to perform the procedure according to accepted medical standards
- Breach — The provider deviated from the standard of care during the procedure
- Causation — The deviation directly caused your injury (not a known risk of a properly performed procedure)
- Damages — You suffered actual harm as a result
Expert medical testimony from a qualified physician in the same specialty is required to establish the standard of care and explain how the defendant’s actions fell short.
New Mexico Medical Malpractice Laws
Statute of Limitations
The statute of limitations is three years from the date the malpractice occurred (NMSA § 41-5-13). For minors, the deadline is generally extended until the child’s ninth birthday.
Damages Caps
Damages against independent healthcare providers are capped at $750,000 (excluding past and future medical care costs). Hospital caps increase annually, reaching $6,000,000 by 2026. Medical care costs and punitive damages are not capped.
Medical Review Commission
Claims against qualifying independent providers must first be submitted to the New Mexico Medical Review Commission. This requirement does not apply to hospitals or outpatient facilities as of July 2021.
Compensation Available
Victims of improperly executed procedures may recover:
- Medical expenses for corrective procedures, rehabilitation, and ongoing care
- Lost wages and diminished earning capacity
- Pain and suffering
- Emotional distress
- Disability and disfigurement
- Loss of enjoyment of life
- Wrongful death damages if the error was fatal
Frequently Asked Questions
Is every surgical complication malpractice?
No. Surgery carries inherent risks, and complications can occur even when the procedure is performed competently. Malpractice occurs when the complication results from the provider’s failure to meet the standard of care — not from a known and accepted risk of the procedure.
What should I do if I think a procedure was performed incorrectly?
Seek immediate medical attention to address any complications. Request complete copies of your medical records, including operative reports, anesthesia records, and nursing notes. Document your symptoms and their impact on your daily life. Then consult with a medical malpractice attorney as soon as possible.
Can I sue the hospital as well as the doctor?
Yes. If the doctor is a hospital employee, the hospital can be held vicariously liable. The hospital may also be directly liable for its own failures, such as inadequate staffing, failure to enforce safety protocols, or granting privileges to an unqualified provider.
How long do these cases take?
Medical malpractice cases involving procedural errors typically take 18 months to 3 years or more, depending on the complexity of the case, the number of defendants, and whether the case settles or goes to trial.
Contact Dominguez Law for a Free Consultation
If you have been harmed by an improperly executed medical procedure in New Mexico, you deserve experienced legal representation. At Dominguez Law, we work with leading medical experts to investigate every claim and hold negligent providers accountable.
Contact us today for a free, confidential consultation. There is no fee unless we recover compensation for you. Se habla español.
