Las Cruces Surgical Error Attorney

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If you or a loved one has suffered from a surgical error, you know how devastating the consequences can be. Surgical errors can lead to life-altering injuries, extended recovery times, or even loss of life. At James Wood Law in Las Cruces, NM, we understand the profound impact that these mistakes can have on individuals and families, and we're here to help you seek justice. With a deep commitment to our clients, our team is dedicated to holding medical professionals accountable when they fail to meet the standard of care.

To schedule a free consultation, contact us today at (505) 906-6774.

What is a Surgical Error?

A surgical error is a preventable mistake that occurs during surgery, resulting in harm to the patient. Surgical procedures inherently carry some risks, but surgical errors go beyond expected complications. These errors often stem from negligence, lack of skill, or insufficient preparation by medical professionals. Surgical errors can range from relatively minor issues to catastrophic mistakes, such as operating on the wrong body part, which can cause severe injuries, infections, disabilities, or even death.

The law mandates that medical professionals adhere to a "standard of care," which includes following best practices, protocols, and safety procedures. When a surgical team deviates from this standard, and a patient is harmed as a result, this can constitute medical malpractice. 

Surgical errors can take many forms. Some of the most common types include:

• Wrong-Site Surgery: This type of error occurs when the surgeon operates on the wrong part of the body or even the wrong patient. This can result in unnecessary trauma and injury to healthy tissue while leaving the original condition untreated.
• Wrong Procedure: Mistakes in record-keeping or miscommunication within the surgical team can lead to a surgeon performing an entirely incorrect procedure.
• Anesthesia Errors: Anesthesiologists play a crucial role in monitoring a patient's response to anesthesia during surgery. Errors in administering anesthesia can result in severe outcomes, including brain damage, heart complications, and even death.
• Retained Surgical Items: In some cases, surgical instruments or sponges are left inside a patient's body after surgery. This oversight can lead to infections, severe pain, and additional surgeries.
• Nerve Damage: Improper handling of surgical instruments can result in permanent or temporary nerve damage, causing ongoing pain, weakness, or loss of function.
• Postoperative Infections: Lack of sterile techniques or poor postoperative care can increase the risk of infection, which can complicate the recovery process and may become life-threatening.

Common Causes of Surgical Errors

Understanding the root causes of surgical errors can highlight just how preventable these tragic incidents are. Some of the most common causes include:

• Inadequate Preoperative Planning: Proper preparation is essential to any successful surgery. Without reviewing a patient’s medical history or performing preoperative assessments, a surgeon may be unaware of specific risks or complications that could arise.
• Poor Communication: Miscommunication between surgical staff, including nurses, anesthesiologists, and surgeons, can lead to misunderstandings regarding the procedure or patient needs, increasing the chance of error.
• Fatigue or Burnout: Surgeons and medical staff often work long hours. Exhaustion and stress can impair their focus, judgment, and reaction time, increasing the risk of mistakes.
• Inadequate Training: Not all surgeons or surgical teams are experienced in every type of surgery they perform. Lack of proper training or specialization can result in mistakes that a more experienced team might have avoided.
• Neglect of Safety Protocols: Hospitals and surgical centers have protocols in place to prevent surgical errors, such as checklists and "time-outs" before beginning surgery. Skipping or ignoring these procedures can lead to preventable mistakes.
• Improper Use of Equipment: Equipment malfunctions or misuse can have serious implications during surgery. If a surgical instrument fails or is used incorrectly, it can cause injury to the patient.

Who is Liable for a Surgical Error?

Determining liability in surgical error cases can be complex, as multiple parties may be responsible for the injury. Common liable parties include:

• Surgeons: The surgeon is often the primary responsible party, as they lead the procedure and make critical decisions throughout the operation.
• Anesthesiologists: If an anesthesia error occurred, the anesthesiologist might be held accountable, especially if they failed to monitor the patient's vital signs properly.
• Nurses and Surgical Staff: Nurses and other surgical team members play a crucial role in ensuring patient safety. If they neglect protocols or make mistakes in assisting the surgeon, they may also bear some responsibility.
• Hospital or Medical Facility: Sometimes, the institution itself may be held liable for failing to provide a safe environment, inadequate staff training, or poor facility maintenance.

Proving liability in a surgical error case requires thorough investigation and legal expertise. At James Wood Law, our Las Cruces surgical error lawyers have the experience needed to identify who is responsible and to gather evidence to support your claim.

Call a Las Cruces surgical error lawyer at (505) 906-6774 or fill out and submit our online form to contact us.