Every patient entering an operating room expects safety, precision, and care. Surgery should never leave a patient with an unexpected injury. Yet in New Mexico, people sometimes suffer burns during procedures due to unsafe equipment, poor supervision, or preventable errors. These injuries can be painful, emotionally devastating, and life-changing.
If this has happened to you or a loved one, you may have grounds for a surgical burns malpractice claim. At Poulos & Coates, LLP, we focus solely on medical malpractice cases across New Mexico. With a lawyer–doctor–nurse team on staff, we have the insight and experience to identify when a burn injury occurred because of negligence.
How Surgical Burns Occur
Surgical burns happen for many reasons, and most are avoidable with proper preparation and care. Burns during surgery can result from:
- Overheated electrocautery tools,
- Improperly maintained warming devices,
- Faulty medical equipment,
- Chemical exposure, and
- Electrical current misdirection.
Even a brief lapse in attention or maintenance can cause harm. Burn injuries may range from minor redness to deep, third-degree wounds requiring skin grafts and long-term care. When the cause traces back to a preventable error, the injured patient may have legal recourse under New Mexico medical malpractice law.
When a Surgical Burn Becomes Malpractice
Not all surgical burns are caused by negligence. For a valid surgical burns malpractice case, the evidence must show that a provider failed to meet the accepted standard of medical care.
To establish malpractice in New Mexico, a claimant must prove four key elements:
- Duty of care—the hospital, surgeon, or anesthesiologist owed the patient a professional obligation to act safely;
- Breach—that provider violated recognized medical standards or ignored safety protocols;
- Causation—the breach directly caused the burn injury; and
- Damages—the patient suffered measurable harm, including physical pain, scarring, or emotional trauma.
Every case must be reviewed by the New Mexico Medical Review Commission before filing suit. This panel of physicians and attorneys determines whether sufficient evidence of negligence exists. At Poulos & Coates, our attorneys and medical professionals prepare these submissions carefully to present the strongest possible case.
Types of Burns Seen in Surgical Settings
Understanding how burns occur helps identify whether malpractice played a role. Common categories include:
- Thermal—caused by contact with heated equipment or instruments,
- Electrical—linked to defective electrocautery devices or misplaced grounding pads, and
- Chemical—resulting from improper use of antiseptics or flammable cleaning agents.
Among these, electrical and thermal burns are the most frequent. Many patients filing an electrocautery burn lawsuit in NM sustained injuries due to poor maintenance, equipment malfunction, or untrained staff handling advanced surgical tools. Identifying which type of burn occurred and how is critical to proving negligence.
Evidence That Strengthens a Burn Injury Claim
Establishing fault in a burn injury during surgery case requires careful documentation. Operating rooms are tightly controlled environments, which means records and expert analysis are crucial to understanding what happened.
Evidence used to support these claims often includes:
- Operative notes—describing the surgical process, instruments used, and team members present;
- Anesthesia logs—showing whether warming devices or electrical pads were monitored;
- Maintenance reports—proving whether equipment was functioning correctly;
- Medical records and photographs—documenting injury severity and location; and
- Expert witness evaluations—clarifying how the burn occurred and whether the provider followed standard procedures.
Every case at Poulos & Coates is examined by legal and medical professionals. This collaboration allows our team to interpret complex surgical data accurately and pinpoint the exact act, or omission, that caused the injury.
Possible Compensation for Victims of a Burn Injury During Surgery
Surgical burns can have lasting physical and emotional effects. Severe injuries often require painful treatments, reconstructive surgeries, and lengthy rehabilitation. A successful surgical burns malpractice claim can help recover damages such as:
- Medical expenses,
- Reconstructive procedures,
- Lost wages,
- Pain and suffering,
- Loss of enjoyment of life, and
- Wrongful death damages.
Our firm partners with economists, physicians, and life-care planners to calculate full and fair compensation, ensuring our clients are not left to bear the financial burden of a medical professional’s mistake.
How Long Do You Have to File a Surgical Burn Lawsuit in New Mexico?
New Mexico law limits how long patients have to bring a surgical burns malpractice claim. In most cases, a person must file within three years of the date the injury occurred. However, determining when that time starts can be complicated. Some patients do not immediately realize their burn was caused by negligence, especially when hospitals delay disclosing incident reports or symptoms develop slowly.
Because exceptions exist, such as for minors or cases involving concealed wrongdoing, it is best to speak with a qualified medical malpractice attorney as soon as possible. The sooner a lawyer investigates, the more effectively they can gather records, locate witnesses, and preserve critical evidence before it disappears.
At Poulos & Coates, our legal and medical team reviews every case promptly to determine whether it qualifies under the statute of limitations and ensures all required filings are made on time.
How Poulos & Coates Builds Strong Surgical Burn Cases
Handling burn-related malpractice claims demands medical understanding and legal precision. At Poulos & Coates, our process is designed to uncover every contributing factor. We:
- Review all hospital and surgical records for errors or omissions,
- Consult biomedical and anesthesia experts for technical evaluations,
- Analyze medical device performance and maintenance documentation,
- Present evidence to the New Mexico Medical Review Commission, and
- Pursue full compensation through negotiation or trial if negligence is confirmed.
Clients pay no upfront costs. We only collect fees after obtaining a settlement or verdict in your favor.
Attorneys for Burn Lawsuits in NM
Surgical burns are preventable when medical teams follow proper procedures and maintain safe environments. When they fail, the results can cause lifelong pain, trauma, and loss of trust. Holding negligent providers accountable not only helps victims recover but also drives systemic improvement in patient safety.
At Poulos & Coates, LLP, we dedicate our practice exclusively to medical malpractice law. With over a century of combined legal experience and a doctor and nurse on staff, our team provides the skill, resources, and compassion necessary to handle even the most complex burn injury cases.
If you or a loved one suffered a burn during surgery, reach out to learn how we can help. Contact us today at 575-523-4444 for a free consultation. We proudly represent patients and families throughout New Mexico who deserve justice and accountability.
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.
Rate this Post
Loading...