Surgical Errors
When a Preventable Mistake Happens in the Operating Room
Surgery carries risks - but when those risks are the result of negligence, the consequences can be life-altering. At GPJ Legal, we represent individuals and families across New Mexico who have suffered serious harm due to surgical errors that should never have happened.
Whether a surgeon operated on the wrong site, left a foreign object inside a patient, or failed to follow basic safety protocols, we hold medical providers accountable. These cases are complex and require deep litigation experience, strong medical insight, and a trial-ready approach—something our firm has been delivering for over 35 years.
What Counts as a Surgical Error?
Not all bad outcomes are malpractice. But when a surgeon, anesthesiologist, or hospital staff fails to meet the standard of care, and that failure causes harm, it may be grounds for legal action.
Examples of surgical errors include:
Operating on the wrong site or organ
Performing surgery on the wrong patient
Leaving instruments or sponges inside the body
Anesthesia errors
Unnecessary or improperly performed procedures
Infections due to unsanitary equipment
Failure to monitor the patient during or after surgery
We work closely with medical experts to review records, identify negligence, and explain how these errors could have - and should have, been prevented.
Consequences of Surgical Mistakes
Surgical errors often lead to serious, long-term consequences, including:
Additional surgeries or hospitalizations
Internal bleeding or organ damage
Infection or sepsis
Nerve injuries or loss of mobility
Disfigurement or disability
Emotional trauma and PTSD
Wrongful death
We take time to understand the full impact of the injury and pursue damages that reflect your pain, losses, and ongoing care needs.
Our Approach to Surgical Malpractice Cases
We start by investigating what went wrong - gathering medical records, surgical reports, and expert reviews. From there, we:
Identify the responsible parties (surgeons, hospitals, anesthesiologists, etc.)
Establish how the standard of care was violated
Document the extent of your injuries
Negotiate with insurers - or take the case to trial, if necessary
At every step, we keep you informed, supported, and prepared for what’s ahead.
Why GPJ Legal for Surgical Malpractice Cases?
✔ Trial-Tested, Strategic Litigation
We are a civil trial litigation law firm with decades of experience in complex malpractice claims. We know how to build - and win - serious cases.
✔ Unique Insight into the Defense
Our dual perspective means we know how medical providers and their insurers approach these claims - and how to counter them effectively.
✔ Trusted, Compassionate Counsel
Clients choose GPJ Legal for our honesty, professionalism, and our unwavering focus on results.
What are surgical errors in New Mexico hospitals?
Surgeons, nurses, anesthesiologists, and hospitals can all share responsibility depending on their role. Hospitals are also liable for poor staffing, inadequate supervision, or unsterile environments that contribute to errors. GPJ Legal works with surgical and anesthetic experts to pinpoint the cause of negligence and pursue justice for patients and their families.
Who can be held responsible for a surgical mistake?
Surgeons, nurses, anesthesiologists, and hospitals can all share responsibility depending on their role. Hospitals are also liable for poor staffing, inadequate supervision, or unsterile environments that contribute to errors. GPJ Legal works with surgical and anesthetic experts to pinpoint the cause of negligence and pursue justice for patients and their families.
How do I prove a surgical error occurred?
Proving negligence requires showing that the medical professional breached the standard of care. Evidence may include operative reports, surgical notes, imaging results, and expert testimony. Gathering this documentation early helps attorneys demonstrate how the mistake happened and its impact on recovery or long-term health.
What types of injuries result from surgical negligence?
Patients may experience internal bleeding, infections, nerve damage, disfigurement, or anesthesia complications. In severe cases, errors can lead to permanent disability or wrongful death. These injuries often require additional surgeries, extended recovery, and lifelong treatment.
Can I sue for surgical malpractice in New Mexico?
Yes. New Mexico law allows patients to file malpractice claims when substandard surgical care causes injury. Compensation may cover medical costs, lost wages, pain and suffering, and future care needs.
How long do I have to file a surgical malpractice claim?
Most surgical-error claims must be filed within three years, but exceptions may apply if the injury was discovered later. Quick consultation ensures compliance with all deadlines. GPJ Legal helps clients investigate, document, and file timely claims to protect their right to compensation.
Do surgical errors always mean malpractice?
Not necessarily. Complications can occur even under proper care, but malpractice arises when avoidable errors or recklessness cause harm. Expert evaluation is critical to distinguish between an inherent risk and negligence.
Can hospitals be sued for their employees’ actions?
Yes. Under the legal doctrine of “vicarious liability,” hospitals are responsible for staff negligence committed within the scope of employment. Poor hiring or training practices can also make the facility directly liable.
What damages can I recover after a surgical error?
Patients may recover medical expenses, rehabilitation costs, lost income, pain, suffering, and diminished quality of life. In severe cases, courts may award punitive damages to punish reckless conduct.
Why hire a surgical-malpractice attorney?
Surgical-error cases involve complex medical and legal questions. GPJ Legal combines legal experience with access to medical experts to identify errors, prove negligence, and pursue full financial recovery for victims.
