You trusted your surgeon to help you heal, but instead you woke up to pain, complications, and confusion. Maybe something feels “off” about your recovery, or you’ve already been told there was a problem during your procedure. In moments like these, it’s normal to wonder if a surgical mistake lawsuit might be your path to justice.
At Poulos & Coates, we understand how overwhelming this experience can be. We’re the only New Mexico law firm focused exclusively on medical malpractice, with over 100 years of combined trial experience. What makes us different is our unique blend of legal and medical expertise. We have a doctor and two nurses on staff to help evaluate your case from day one. That means you’ll get answers faster and know right away whether you have a strong claim.
What Is a Surgical Mistake?
Not every bad surgical outcome is malpractice. Sometimes complications happen even when doctors do everything right. A surgical mistake lawsuit becomes possible when a surgeon, anesthesiologist, nurse, or other medical professional fails to meet the accepted standard of care, and that failure directly causes you harm. Common examples include:
- Operating on the wrong body part or patient,
- Leaving surgical instruments or sponges inside the body,
- Administering the wrong type or amount of anesthesia, and
- Using improper surgical techniques or failing to monitor a patient during surgery.
Proving malpractice requires showing that the care you received fell below what a reasonably competent provider would have done and that this directly caused your injury.
Do You Have a Case?
Many people come to us asking, “Can I sue for a surgical mistake?” The answer depends on a few key factors:
- Breach of the standard of care—Did the provider act in a way that a competent medical professional would not?
- Causation—Did that mistake directly cause your injury?
- Damages—Were you significantly harmed physically, emotionally, or financially?
- Timing—Is your claim within the statute of limitations?
Our in-house medical team reviews your records in detail and consults with independent experts when needed. If your case meets the legal and medical standards, we’ll build a strong strategy to pursue the compensation you deserve. If it doesn’t, we’ll explain why and guide you on other options.
What to Do After a Surgery Error
If you suspect something went wrong during your procedure, taking the proper steps early can protect both your health and your legal rights. Here’s what to do after a surgery error:
- Seek follow-up medical care from a qualified provider who isn’t affiliated with the original surgical team;
- Request and keep copies of your operative notes, hospital records, imaging, and discharge instructions;
- Document your symptoms and recovery, including any changes in pain, mobility, or emotional well-being; and
- Contact a medical malpractice attorney quickly to ensure critical evidence is preserved and deadlines are met.
Acting promptly can make the difference between a strong case and one that’s difficult to prove. Working with an experienced and knowledgeable attorney can be invaluable in guiding you through the days and weeks after a surgery error and ensuring you put yourself in the best position possible to secure the compensation you need and deserve.
Your Legal Rights in a Surgical Mistake Lawsuit
When a surgical error changes your life, New Mexico law gives you the right to seek compensation for the financial and personal harm you’ve endured. A surgical mistake lawsuit can address the cost of correcting the error and the long-term consequences that follow you into the future. You may be entitled to recover:
- Medical expenses for additional surgeries, hospital stays, rehabilitation, and ongoing care;
- Lost income and reduced earning capacity if your injury affects your ability to work; and
- Noneconomic damages such as pain, suffering, emotional distress, and loss of enjoyment of life (capped at $600,000 in most cases).
These rights are protected under New Mexico’s Medical Malpractice Act. Most claims must be filed within three years of the negligent act, or within one year of discovering the injury, so acting quickly is critical.
If the other side refuses to offer a fair settlement, you have the right to present your case to a jury. At Poulos & Coates, we prepare every case as though it will go to trial, often leading to better results in negotiations and the courtroom. Our job is to protect your rights, fight for full and fair compensation, and ensure you have the information you need to make confident decisions about your future.
When You Might Not Have a Case
We believe in being direct with clients. A surgical mistake lawsuit might not be possible if there was no breach in the standard of care, if the injury would have happened even with proper treatment, if the harm is minimal, or if the statute of limitations has passed. While that can be difficult to hear, most people appreciate having a clear answer rather than false hope. If this is the case for you, we can discuss other options that may be available to you.
Why Choose Poulos & Coates
Medical malpractice cases involving surgery mistakes are often complex, but don’t let that deter you from seeking the compensation you deserve. You need attorneys who know both the law and the medicine behind your claim. At Poulos & Coates, our trial lawyers work hand-in-hand with our in-house doctor and nurses to identify negligence, gather strong evidence, and present your case in a way judges and juries understand. Over the years, we’ve recovered more than half a billion dollars for our clients through verdicts and settlements.
Take the Next Step
If you believe a surgical mistake has changed your life, you don’t have to face the legal process alone. Contact Poulos & Coates, or call us today at 575-523-4444 for a free, confidential consultation. We’ll review your records, answer your questions, consult with experts, and discuss whether pursuing a surgical mistake lawsuit is right for you. We fight tirelessly to hold those responsible accountable and secure the compensation you need to move forward. Let us put our experience to work for you.
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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