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Surgical Errors Attorney in Las Cruces, NM

With Stephen Barnes, MD, JD, our firm brings both medical and legal expertise to your case. Dr. Barnes personally interviews clients and reviews medical records to strengthen your claim.
Protecting Patients Harmed by Surgical Negligence

When you undergo surgery, you’re putting your life in the hands of a surgeon, anesthesiologist, nurses, and a full operating-room team. You trust them to follow safety protocols, communicate clearly, and give you the level of care your condition requires. When that doesn’t happen and a preventable mistake occurs, the results can be devastating.

At Chelpaty Law, we help patients and families in Las Cruces and throughout Southern New Mexico when a surgical error leads to serious injury, complications, or wrongful death. If something about your surgery or recovery doesn’t feel right, you don’t have to ignore that feeling or try to figure it out on your own. You can talk to an experienced medical malpractice attorney who handles surgical error cases every day.

What Is a Surgical Error?

A surgical error is a preventable mistake that happens before, during, or after surgery — not just a “known risk” or unfortunate outcome. These errors occur when the surgical team fails to meet accepted medical standards and a patient is harmed as a result.

Common examples of surgical errors include:

  • Operating on the wrong body part or performing the wrong procedure

  • Causing avoidable damage to organs, arteries, or nerves

  • Failing to control bleeding that should have been anticipated or prevented

  • Making anesthesia mistakes, such as improper dosage or poor monitoring

  • Leaving surgical tools, sponges, or other foreign objects inside the body

  • Failing to recognize and treat complications in the hours or days after surgery

If something like this happened to you or a loved one, it may qualify as medical malpractice under New Mexico law.

Signs You May Have Experienced a Surgical Error

Many patients don’t know right away that a surgical error occurred. Often, the warning signs appear during recovery. You may notice that:

  • Your recovery is far longer or more painful than the surgeon described

  • Doctors can’t give you a clear or consistent explanation of what went wrong

  • You needed a second, “corrective” surgery soon after the first procedure

  • A new doctor tells you your complication is not typical for this kind of surgery

  • New symptoms appeared shortly after surgery and have not improved

  • Your condition has worsened despite following all post-operative instructions

If something feels off, trust your instincts — and talk to a medical malpractice attorney who reviews surgical error cases every day.

The Most Frequently Occurring Medical Malpractice Claims

Surgical errors are among the most serious and complex medical malpractice claims. They can affect nearly every area of a patient’s life — from physical health to emotional well-being and financial stability.

Medical malpractice cases may also involve misdiagnosis, delayed diagnosis, childbirth injuries, or medication errors. In surgical cases, negligence can occur at many stages: during pre-operative planning, in the operating room, or during post-operative care. A nurse, surgeon, anesthesiologist, or other healthcare provider may administer improper treatment, fail to monitor, or miss critical signs of complications. Any of these failures can lead to severe injury, prolonged suffering, additional medical expenses, or even death.

A skilled lawyer can help victims of surgical and other medical negligence build a strong case and fight for the compensation they deserve.

In Las Cruces, NM, medical malpractice cases are legally and emotionally complex. Whether you are dealing with a surgical error, nursing home abuse, or other healthcare-related failures, an experienced attorney is essential to help determine if you have grounds for a personal injury claim. In some situations, medical malpractice overlaps with other areas of law, such as premises liability, when unsafe conditions in medical facilities contribute to patient harm.

Navigating a medical malpractice lawsuit in New Mexico requires in-depth legal knowledge, including understanding the statute of limitations, court procedures, and evidentiary requirements. A skilled lawyer can guide you through this process, ensuring that your case is built on strong legal grounds.

If you or a loved one has suffered due to a surgical error or other form of medical malpractice, our firm is here to help. Contact us today to speak with an experienced Las Cruces, NM attorney who can provide the legal guidance you need.

Hospital Negligence

Surgical Errors

Emergency Room Errors

Pharmacy Errors

Anesthesia Errors

Add Drugs

Birth Injury

Failure to Diagnose

Brain Injuries

Spinal Cord Injuries

Every Personal Injury Case Reviewed by Medical Professionals.

We believe in the highest level of service and care for our clients. That is why every Medical Malpractice or Personal Injury case we take on is reviewed by Stephen Barnes, MD, JD, who interviews clients & reviews the medical records. 

Our medical malpractice law firm takes a comprehensive approach, collaborating among lawyers, doctors, and nurses to ensure thorough case reviews.

Holding Companies & Doctors Accountable

At Chelpaty Law Firm, we have the resources and experience to hold companies and doctors accountable when their mistakes results in injury or wrongful treatment. Our lawyers are recognized within the New Mexico legal community and by national trial organizations for their dedication to justice and their expertise in personal injury and medical malpractice cases.

It is essential to choose a specialized medical malpractice lawyer who understands the complexities and emotional toll these cases can have on victims and their families. A bad outcome in medical care does not always mean malpractice, but if malpractice played a role, taking legal action before the statute of limitations expires is critical. Our firm operates on contingent fee agreements, meaning you don’t pay unless we win your case.

Get a FREE Consultation Today

Hiring an experienced lawyer who specializes in medical malpractice is essential for ensuring that negligent healthcare providers are held responsible for their actions.

If you or a loved one has suffered due to improper treatment or medical negligence, don’t wait. SCHEDULE A FREE CONSULTATION today and let us fight for the justice and compensation you deserve.
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What You Can Expect

How It Works

01.

Research

First step is that we will gather and review medical records.
02.

Review

If claim has merit, we will obtain expert review.
03.

Collect

Lastly, we will review medical duty owed to the patient, breach of duty by the medical physician, and injury caused by the breach and monetary damages.

Case Settlements We've Won For Our Client's

Medical Malpractice - Failure to Diagnose

Failure to diagnose by doctor at hospital in a timely manner and provide treatment which caused complications. This was medical negligence. Settlement amount $445,000

Medical Negligence - Misdiagnosed

Misdiagnosed and improper insertion of pacemaker which was not needed by patient and caused complications to heart. Doctor performed unnecessary surgery. Settlement amount $500,000

Medical Negligence - Wrongful Death

After aortic valve replacement patient developed cardiac tamponade. Doctors at the hospital failed to diagnose and treat in a timely manner, which led to the patient's death. Settlement amount $359,129
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