20+ year of experience
Insurance Defense Lawyers
Personal attention

New Mexico’s
Serious Injury Lawyers Find out if you have a case Find out if you have a case

Medical Malpractice Injury Attorney

28.05.25
Davis Kelin Law Firm

When a surgical procedure goes awry, patients may find themselves grappling with unforeseen complications and an extended recovery period. These unexpected hurdles can be indicative of potential medical malpractice, especially if the complications are not typical for the type of surgery performed. Patients may experience infections, organ damage, or other serious issues that were not discussed as potential risks prior to the procedure.

A prolonged recovery time that far exceeds the expected healing period can be a red flag. If you find yourself unable to return to your normal activities or work long after the anticipated recovery timeline, it may be worth investigating whether the surgical team adhered to the proper standard of care. Keep detailed records of your recovery process and any unexpected symptoms or setbacks you encounter during this time.

Miscommunication between healthcare providers can also lead to serious errors and complications. If you notice discrepancies in your medical records, conflicting information from different members of your healthcare team, or a general lack of clear communication regarding your treatment plan, these issues may have contributed to the botched surgery.

Ask questions and seek clarification if you feel that there has been a breakdown in communication or that you were not given all the necessary information to make an informed decision about your care. By doing so, you can ensure that you receive the best possible care and avoid potential complications.

Remember, as a patient, you have the right to be fully informed about your treatment options and any potential risks associated with them. Don’t hesitate to speak up if you feel that your rights have been violated.

Surgical errors can range from minor oversights to catastrophic mistakes that significantly impact a patient’s health and well-being. These errors may include operating on the wrong body part, leaving surgical instruments inside the patient, or causing unnecessary damage to surrounding tissues or organs. If you have reason to believe that such an error occurred during your surgery, investigate further and gather evidence to support your case.

Negligent care during the surgical procedure or in the post-operative period can also lead to serious complications. This may involve failure to properly monitor vital signs, inadequate sterilization of equipment, or improper administration of medications. If you experienced any issues that seem to stem from carelessness or a lack of attention to detail on the part of your healthcare providers, it could be a sign of medical malpractice.

While some degree of pain and discomfort is expected following surgery, persistent or worsening pain that doesn’t improve with time and proper care can be a sign that something went wrong during the procedure. This ongoing pain may be due to nerve damage, improper healing, or other complications that resulted from surgical errors or negligence. If you find that your pain levels are not decreasing as expected or that you’re experiencing new types of pain that weren’t present before the surgery, seek a second opinion from another medical professional.

Documenting your pain levels, any medications you’re taking, and how the pain impacts your daily life can be important evidence when you decide to pursue a medical malpractice case.

The emotional toll of a botched surgery can be just as devastating as the physical consequences. Patients may experience anxiety, depression, post-traumatic stress disorder (PTSD), or other mental health issues as a result of their traumatic experience. These psychological impacts can significantly affect a person’s quality of life, relationships, and ability to work or engage in activities they once enjoyed.

Emotional distress is a valid component of many medical malpractice cases. If you’re struggling with mental health issues that you believe are directly related to your surgical experience, seek professional help and document your symptoms and treatment. This documentation can serve as important evidence in building your case and demonstrating the full extent of the harm you’ve suffered.

The inability to work due to prolonged recovery or permanent disability can further exacerbate the financial strain. This can lead to a significant loss of income, making it difficult for patients and their families to make ends meet.

If you find yourself facing unexpected medical expenses or loss of income as a result of a surgical error or negligent care, keep detailed records of all related costs. This includes medical bills, prescription costs, travel expenses for medical appointments, and any modifications to your home or vehicle necessitated by your condition.

These financial records can play a role in determining the compensation you may be entitled to in a medical malpractice case. By keeping accurate and detailed records, you can ensure that you receive the compensation you deserve for your medical expenses and lost income.

If you suspect that you may have a medical malpractice case after experiencing a botched surgery, seek legal advice from an experienced attorney specializing in this area of law. A qualified lawyer can help you understand your rights, evaluate the strength of your case, and guide you through the complex process of filing a medical malpractice claim. Remember that there are strict time limits, known as statutes of limitations, for filing medical malpractice lawsuits.

These time limits vary by state, so act promptly if you believe you have a case. Your attorney can help you gather the necessary evidence, consult with medical experts, and build a strong case to seek compensation for your physical, emotional, and financial damages.

Do you have a case?

Find out in 3 easy steps if you have a case.
All fields are required. If you need immediate assistance, do not hesitate to call us.

Note: Completing this form does not create an Attorney-Client Relationship
*information required