We look to surgery as a drastic measure to improve the health of a part of our body that is in urgent need. But what happens when a surgeon operates on the wrong body part?
Wrong site surgery is one of the most devastating forms of medical malpractice. It can lead to permanent injury, loss of function, and lifelong trauma for patients and their families. And while it may seem rare or even unthinkable, wrong site surgeries continue to happen in hospitals and clinics across the country.
At Poulos & Coates, we understand how deeply life-altering a surgical error can be. We are the only New Mexico law firm focused exclusively on medical malpractice, and our team includes experienced trial attorneys, a medical doctor, and licensed nurses. They work together to review your case, identify the medical errors involved, and hold negligent providers accountable.
If you or someone you love was the victim of a wrong site surgery, we’re here to help you understand how it happens, and more importantly, what you can do about it.
How Does Wrong Site Surgery Happen?
Despite decades of patient safety campaigns, wrong site surgery remains a persistent problem in healthcare.
According to a 2023 study published in The Joint Commission Journal on Quality and Patient Safety, wrong surgeries accounted for 8% of sentinel events, and of those, 68% were wrong site surgeries.
Some of the most common types of wrong site surgery include:
- Operating on the wrong side of the body (e.g., left leg instead of right leg);
- Performing surgery on the wrong body part (e.g., removing a healthy kidney);
- Performing the wrong procedure altogether; and
- Operating on the wrong patient.
These incidents are so serious that the Joint Commission classifies them as “never events, ” meaning they should never happen under proper medical protocols.
So, how does wrong site surgery happen in the first place?
1. Poor Communication
Communication breakdowns between surgical teams, anesthesiologists, and nursing staff are a leading cause of wrong site surgeries. A rushed environment or unclear verbal instructions can easily lead to a catastrophic error.
2. Inadequate Pre-Operative Verification
Before any surgery, the medical team should confirm the patient’s identity, procedure, and surgical site multiple times. Failing to follow this verification process, known as a “time out,” is a critical mistake.
3. Mislabeling of Medical Records or Imaging
Errors in diagnostic reports, lab results, or imaging films can lead surgeons to operate on the wrong area of the body.
4. Failure to Mark the Surgical Site
A clearly marked surgical site is one of the simplest and most effective safeguards. When this step is skipped or done incorrectly, the risk of wrong site surgery increases dramatically.
5. Staffing or System Failures
Short-staffed hospitals or poorly coordinated surgery schedules can result in rushed or distracted teams who are more likely to make critical mistakes.
What Legal Compensation May Be Available?
In New Mexico, victims of medical malpractice, including wrong site surgery, have the legal right to pursue compensation for:
- Additional medical bills,
- Lost wages and loss of earning capacity,
- Pain and suffering,
- Permanent disability,
- Emotional distress, and
- Loss of enjoyment of life
Wrong site surgery often results in permanent damage. Patients may lose healthy organs or limbs, suffer from infection or disability, or experience severe emotional and psychological trauma.
What You Can Do If You’ve Been Harmed
If you’re wondering how to sue for wrong site surgery, the first step is to talk to a law firm specializing in complex medical malpractice claims.
At Poulos & Coates, we have the resources and experience to dig deep into what happened and why. We are proud to have a doctor and two nurses on staff who review medical records, identify breaches in the standard of care, and help us build powerful cases against negligent hospitals, surgeons, and other providers.
We’ve recovered over half a billion dollars for medical malpractice victims, and we’re ready to fight for the justice you deserve.
Legal Basics: New Mexico Medical Malpractice Law
In New Mexico, medical malpractice lawsuits are governed by the New Mexico Medical Malpractice Act. Here’s what you need to know:
- Statute of limitations. Generally, you have three years from the date of the injury to file a malpractice lawsuit in New Mexico. However, some exceptions apply, particularly for minors or patients who don’t immediately discover the harm.
- Patient compensation fund. New Mexico law limits how much a healthcare provider must pay directly in a malpractice lawsuit. However, claims that exceed this cap may be paid from the state’s Patient Compensation Fund.
- Medical Review Commission. Before filing a lawsuit, most claims must go through a medical review panel, which evaluates whether the provider deviated from accepted medical standards.
These requirements make it especially important to work with a firm 100% focused on medical malpractice, like Poulos & Coates. We know the process and how to position your case for the best possible outcome.
Why Poulos & Coates?
We’re not just another personal injury law firm, but the only firm in New Mexico devoted exclusively to medical malpractice. That focus means:
- We know the medical and legal systems inside and out,
- We have a doctor and two nurses on staff to evaluate your case quickly,
- We’re trial lawyers who are not afraid to take your case to court, and
- We’ve secured hundreds of millions in verdicts and settlements.
We’re not afraid to challenge hospitals, insurance companies, or major medical systems because we know what’s at stake for our clients.
We’re Here to Help
If you or a loved one has been the victim of wrong site surgery, you don’t have to navigate this difficult journey alone. At Poulos & Coates, we’re here to guide you through the legal process with clarity, compassion, and strength. Contact us today to get the support you deserve.
Let us review your case and answer your questions. We’ll help you understand if you have a valid claim, and if you do, we’ll fight to get you the justice you deserve.
Call Poulos & Coates today at 575-523-4444 for a free, no-obligation consultation.
Greig Coates, M.D., J.D.
Over the last thirty years, Dr. Coates has successfully represented plaintiffs in every conceivable type of medical malpractice lawsuit–from single-physician cases to complex litigation involving over a dozen doctors and several hospitals. Dr. Coates has taken several thousand physician depositions in his career involving every known physician specialty and sub-specialty, and almost as many depositions involving hospital personnel such as nurses, techs, and administrators. He has tried several dozen cases to successful verdicts.
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