Surgery places significant trust in medical professionals. Most patients expect discomfort during recovery, but certain symptoms raise legitimate concerns. When pain intensifies, infection develops, or fever appears unexpectedly, patients and families often question whether something went wrong during treatment.
Experiencing pain, infection, and fever after surgery can be due to a surgical error. It is frightening, especially when recovery does not follow the expected course. At Poulos & Cavazos, LLP, we help patients throughout New Mexico understand when post-surgical complications may reflect negligence rather than normal healing.
Key Takeaways
- Surgical errors can cause unexpected pain, infection, and fever that go beyond normal post‑operative recovery signs.
- Persistent or worsening symptoms should prompt immediate medical evaluation to rule out complications like infection or retained foreign objects.
- Accurate documentation of symptoms, vital signs, and treatment responses helps identify potential deviations from accepted care standards.
- Medical records, lab results, and imaging studies are critical evidence when evaluating whether a surgical error occurred.
- Consulting an experienced medical malpractice attorney can help determine if the pain, infection, or fever resulted from negligence and what legal options are available.
What Symptoms Are Typically Expected After Surgery?
Every surgical procedure carries risks, and some discomfort is unavoidable. Pain, swelling, and limited mobility are common during early recovery. Short-term fever can also occur as the body responds to surgical stress.
Normal post-operative symptoms often include:
- Localized soreness near the incision,
- Mild swelling or bruising that gradually subsides,
- Temporary fatigue or weakness, and
- Low-grade fever during the first day or two.
These symptoms should steadily improve with time, medication, and follow-up care. Lack of improvement or sudden worsening deserves closer attention.
Warning Signs That May Indicate a Surgical Error
Certain symptoms signal that healing may not be progressing safely. Persistent or escalating issues can suggest complications that require immediate evaluation.
Common signs of surgical error after a procedure include:
- Pain that increases instead of improving;
- Redness, warmth, or spreading swelling near the incision;
- Fever that appears or persists for several days after surgery;
- Drainage, pus, or foul odor from the wound; and
- Chills, confusion, or rapid heartbeat.
These warning signs may point to infection, internal injury, or improper surgical technique. Early recognition often prevents serious harm.
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When Post-Surgical Infection Becomes a Legal Issue
Infections are serious complications that can prolong recovery and threaten life. Although not every infection results from negligence, healthcare providers must follow strict protocols to reduce risk.
A post-surgical infection malpractice claim may arise when infection develops due to:
- Inadequate sterilization of surgical instruments,
- Failure to maintain a sterile operating environment,
- Improper wound closure or dressing techniques,
- Delayed recognition of infection symptoms, and
- Failure to prescribe or adjust antibiotics appropriately.
When infection worsens because providers did not act promptly, patients may require additional surgery, extended hospitalization, or long-term treatment.
Understanding Fever After Surgery and Possible Negligence
Fever often causes confusion during recovery. A mild temperature shortly after surgery may be expected. However, persistent or high fever frequently signals a developing complication.
Fever after surgery and negligence may be present when healthcare providers dismiss or ignore a fever that indicates infection, a blood clot, or internal injury. Delayed investigation can allow treatable conditions to progress.
Situations that commonly raise concern include:
- Failure to order blood tests or imaging,
- Delay in administering antibiotics,
- Premature discharge despite ongoing fever, and
- Ignoring family reports of worsening symptoms.
In many cases, negligence arises from poor post-operative monitoring rather than the surgery itself.
How New Mexico Law Determines Whether a Surgical Error Occurred
Not every complication qualifies as malpractice. New Mexico law requires proof that a provider failed to meet accepted medical standards and, as a result, caused harm.
To establish liability, the following elements must generally be shown:
- Duty of care—meaning that the provider was responsible for treatment;
- Breach—showing conduct fell below professional standards;
- Causation—linking that failure to the injury; and
- Damages—including additional treatment, pain, or death.
Before filing a lawsuit, claims must be reviewed by the New Mexico Medical Review Commission, which evaluates whether evidence supports a finding of negligence.
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Why Patient Follow-Up Instructions Matter
Clear discharge and follow-up instructions are a critical part of safe surgical care. Patients rely on providers to explain what symptoms require urgent attention and when to seek help. When hospitals fail to give adequate guidance, patients may delay treatment for pain, infection, or fever that should have been addressed sooner. Inadequate instructions can contribute to preventable complications and may support a negligence claim.
Evidence Used to Evaluate Pain, Infection, and Fever After Surgery for Surgical Error
Determining whether symptoms were preventable requires a detailed review of medical records and timelines. Many errors become clear only after comparing expected care with what occurred.
Evidence commonly examined includes:
- Operative reports describing the procedure,
- Post-operative monitoring and vital sign records,
- Laboratory results and imaging studies,
- Antibiotic administration logs,
- Follow-up visit documentation, and
- Medical expert analysis of standard care.
At Poulos & Cavazos, we work with qualified experts to assess whether proper care could have prevented complications.
The Consequences of Delayed Treatment After Surgery
Delayed response to complications can significantly worsen outcomes. Infection may spread. Internal injuries may become harder to treat. Pain may become chronic.
Patients affected by delayed care often face:
- Additional surgeries or invasive procedures,
- Extended hospitalization or rehabilitation,
- Permanent physical limitations,
- Emotional distress and anxiety, and
- Increased medical expenses.
Timely recognition and treatment are essential components of safe surgical care.
Compensation That May Be Available
When negligence causes post-surgical harm, patients may pursue compensation through a medical malpractice claim. Depending on the facts, recovery may include:
- Medical expenses related to additional treatment;
- Costs of rehabilitation or long-term care;
- Pain and suffering;
- Lost income or reduced earning capacity;
- Loss of enjoyment of life; and
- Wrongful death damages, when applicable.
Each case is evaluated individually based on injury severity and available evidence.
Surgical Error: Pain, Infection, Fever — FAQs
1. What constitutes a surgical error?
2. What are common signs of post-surgical infection?
3. How can surgical errors cause persistent pain?
4. What risks are associated with untreated post-surgical infections?
5. How should patients monitor for complications after surgery?
6. When should a patient seek urgent medical attention?
7. Can surgical errors lead to malpractice claims?
8. What evidence is necessary for a surgical malpractice claim?
9. How can patients protect themselves after surgery?
10. Should I contact an attorney for surgical complications?
How Poulos & Cavazos Helps Patients Seek Clarity
Patients often contact us because they feel uncertain. They wonder whether their pain, infection, or fever could have been avoided.
At Poulos & Cavazos, LLP, we bring 50 years of combined experience handling medical malpractice cases throughout New Mexico. Our attorneys review records carefully, consult independent medical experts, and provide honest assessments about whether a surgical error may have occurred. There are no upfront costs to speak with our firm.
Knowing When to Ask Questions Can Make a Difference
Recovery should move forward, not backward. Persistent pain, infection, or fever deserves attention, not dismissal.
If you believe your post-surgical symptoms were caused by improper care, Poulos & Cavazos, LLP can help you understand your legal options. From our New Mexico office, we represent patients seeking accountability after surgical negligence.
To schedule a free consultation, contact 575-251-3670 or 866-305-0286.
Se habla español. Podemos ayudarle a determinar si el dolor, la infección o la fiebre después de una cirugía fueron causados por negligencia médica.
Official Legal and Other Sources
To ensure the accuracy and clarity of this page, we referenced official legal resources during the content development process:
- NMSA 1978 § 41-5-1, link.
New Mexico Medical Society – NM Medical Review Commission, link.
Where to find our Las Cruces, NM office:
Victor Poulos, JD
For more than two decades, Victor Poulos has devoted his practice exclusively to representing patients and families harmed by medical negligence. He has handled complex medical malpractice cases involving hospitals, surgeons, anesthesiologists, and other healthcare providers, and has taken hundreds of depositions of physicians, nurses, and hospital staff across nearly every medical specialty. Mr. Poulos has successfully tried high-stakes malpractice cases to verdict and is known for his meticulous case preparation and relentless advocacy on behalf of injured patients.
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