Skip to Content
Kemmy Law Firm, P.C. Kemmy Law Firm, P.C.
Top
Surgical Errors

Surgical Errors & Malpractice Claims

Surgical errors are among the most common types of medical malpractice claims. Whether it is emergency surgery, elective surgery, or a biopsy, medical professionals have a duty to prevent you from harm in the operating room. This duty of care applies to patients treated in hospitals, doctors’ offices, or outpatient surgical centers.

If you or a loved one suffers from a surgical error, you could be entitled to compensation. A surgical error lawyer helps you understand your rights under New Mexico law. 

What Are Surgical Errors?

A surgical error is a mistake made during a surgery that is not a known procedure risk. Although even the most diligent surgeon cannot promise a flawless operation, surgical errors are preventable through proper training, protocol, and execution.

To schedule a free consultation about compensation for medical malpractice, contact the Kemmy Law Firm at (830) 264-6297 or reach out online.

Contact Us for Your Consultation

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy
The Kemmy Difference

We have a saying that goes "When you hire the Kemmy Law Firm, you don't just hire one lawyer, you hire a team of lawyers." Tom Kemmy is an award-winning and board certified personal injury lawyer who has been practicing injury law since 1986. His sons are experienced personal injury lawyers and former prosecutors that represented the State of Texas against murderers, thieves, drug traffickers, and violent criminals. We put our combined experience and knowledge in the pursuit of one goal, to win and obtain maximum justice for our client. 

LET OUR FAMILY PROTECT YOURS

Hear How We've Made A Difference

    Wrong Site, Procedure, and Patient Errors

    According to the federal government’s Patient Safety Network, three types of surgical errors occur when there are “serious underlying safety problems.” Called “never errors” (because they should never happen), wrong site, procedure, and patient errors occur when medical professionals fail to uphold their duty of care.

    • Wrong-Site
      Wrong-site surgical errors include operating on the incorrect body site or the opposite side of the intended surgery. An example of a wrong-site error would be a neurosurgeon operating on the incorrect side of a patient’s spine.
    • Wrong Procedure
      Wrong procedure errors are those that involve an incorrect operation. An example of a wrong procedure would be removing a healthy appendix instead of a cancerous lesion on the bladder.
    • Wrong Patient
      This type of surgical error occurs when doctors operate on the wrong patient. For example, two patients with the same last name undergo the other person’s intended procedure.

    Are Surgical Errors Common?

    Medical negligence, including surgical errors, is the third-leading cause of death in the United States. The Patient Safety Network reports that “never errors” occur in one out of 112,000 surgeries. The PSN acknowledges that these numbers only include operating rooms in participating hospitals.

    When you consider surgical centers, private practices, clinics, and military hospitals, the number of surgical errors is likely much higher.

    • $20 MILLION Oil and gas case involving significant economic harm
    • $19.4 MILLION Jury Verdict Wrongful Death of an elderly woman at Assisted Living facility.
    • $13.5 MILLION Jury Verdict Patient paralyzed after nurses failed to tell a doctor about a change in condition
    • $8 MILLION Young college student suffers brain injury from negligent conduct
    • $7.5 MILLION West texas woman becomes brain injured when basic safety rules were not followed
    • $6.2 MILLION Jury Verdict Marine veteran suffers catastrophic harm after a dangerous fall

      When Is a Surgical Error Considered Malpractice?

      All surgical procedures carry some level of risk. However, reckless or grossly negligent medical providers can be accountable when they deviate from accepted standards of care.

      Standard of care refers to the accepted diagnostic and treatment process that a similarly qualified surgeon would practice under the same or similar circumstances.

      Medical negligence is not limited to performing surgery on the wrong side, body part, or patient. Any deviation from accepted standards of medical care could be grounds for medical malpractice. For example, leaving tools, gauze, or other materials inside a patient.

      We Know the Stakes The Kemmy Experience

      All of our clients have families of their own. They are decent, hardworking people, and come to uswith complex business issues or because their lives have been changed by a catastrophic injury.

      Deadline for Filing a Medical Malpractice Suit

      Surgical errors cause harm, but injuries are not always immediately apparent. However, you have only three years to file a medical malpractice case under New Mexico law. This deadline begins from the date of the alleged malpractice, not when you notice symptoms.

      As experienced surgical error attorneys, we encourage you to reach out as soon as you suspect that something went wrong during your operation or procedure. If you wait too long and miss the deadline to file, you may not recover compensation.

      Continue Reading Read Less

      How a Surgical Errors Lawyer Can Help

      Surgical errors have harmful and even fatal consequences. However, proving medical malpractice or negligence is a complex legal process.

      In our experience, negligent medical professionals do not admit liability or wrongdoing. It is up to an experienced surgical errors attorney with the necessary resources to investigate and pursue the compensation you deserve.

      What We Do

      With over five decades of combined legal experience, the Kemmy Law Firm works tirelessly to help victims of medical malpractice and other personal injuries. We’re not afraid to take on powerful defendants. We protect your rights and help you recover compensation for your physical and emotional injuries.

      Our surgical error lawyers:

      • Identify all liable parties, such as surgeons, anesthesiologists, nurses, and hospital administrators
      • Collect medical records, test results, notes, and other documentation
      • Secure expert testimony from similarly qualified surgeons or medical professionals
      • Assess all damages

      Most surgeons carry medical malpractice insurance. Our first attempt to recover compensation would be filing a claim against this coverage. We’ll take your case to court if we cannot negotiate a fair settlement.

      Medical Malpractice Cases We Handle

      Some of the most common forms of medical negligence we have seen include:


      • Disability

        Anesthesia errors, lack of oxygen during surgery, nerve damage, or removing the wrong limb or body part can result in temporary or permanent disability.

      • Disfigurement
        Improper closing techniques, an unnecessarily large incision, and other surgical errors can cause disfigurement and scarring.
      • Internal Bleeding
        Internal bleeding, caused by careless incisions and other negligent acts, can lead to organ failure or loss.
      • Death

        Some surgical errors cause so much damage that the patient dies.

        Another type of injury is a medical condition that worsens due to surgical error. For example, a surgeon fails to remove a malignant tumor, causing a patient to die from cancer.

      Call Today for a Free Consultation

      When a negligent surgeon causes injury to you or a loved one, it’s time to call a dedicated medical malpractice attorney. 

      About Our Firm

      The Kemmy Law Firm has recovered over $50 million in damages for clients injured through negligence or wrongdoing. You’re invited to read about our case results here.

      Our family-run law firm handles cases ranging from catastrophic injury claims to complex business matters, with locations in West TX, Hobbs, NM, Midland-Odessa, and across the Permian Basin.

      You pay no fees unless we win or settle your case.

      Call the Kemmy Law Firm today at (830) 264-6297 for a free consultation, or connect with us online.

      • "You could not hire a better attorneys than the Kemmy's."

        My husband was involved in an industrial accident & we hired the Kemmy law firm to represent him with that case. You could not hire a better attorneys than the Kemmy's. They went above & beyond to help him get what he deserved. If you are searching for a lawyer in Texas you need to hire them!!!

        - Colleen B.
      • "Very easy to talk to, sincerely cared about my situation."
        I was involved in an accident and was injurred. My co-worker recommended Seamus from Kemmy Law. I am so greatful that I followed through with the recommendation. He was very easy to talk to, sincerely cared about my situation, and kept me informed with the process, just all around amazing! Thank you Seamus!!!
        - Holly O.
      • "They were so patient and explained everything in detail."

        Everyone we worked with was amazing. They were so patient and explained everything in detail. They worked with my mom and then when she passed away the game plan changed and they made sure to explain everything. We were blessed to have them on our team. I would highly recommend them.

        - Dora M.
      • "Nick was very open and transparent."

        Mr. Kemmy comes from good stock and was referred to us by one of the best. And if he's good enough for him to lay his reputation on the line, he's good enough for me. Nick was very open and transparent, and shared some of our frustrations. We were very please with him representing us. Thanks again Nick.

        - Richard G.
      • "Showed a deep understanding of my personal situation and demonstrated empathy."

        Ben Kemmy and his awesome staff showed a deep understanding of my personal situation and demonstrated empathy throughout the legal process. This helped me a great deal to get through this difficult time. I recommend Kemmy Law Firm to all who need the services .

        - Jim P.
      • "Not only were they my lawyers they became like family."
        I honestly got to say Tom and Danny got to be two of the best attorneys in the state of Texas I was injured in the oilfield accident about 3 years ago and they fought for me in my case like some sharks hands down best attorneys out there not only were they my lawyers they became like family thanks Kemmy law firm
        - Jeremiah L.
      • "I wholeheartedly endorse Kemmy Law without reservation."
        Working with Tom and Nick Kemmy on my case was a far better experience than I expected going in. They were thoughtful and listened to what I had to say. It was also gratifying that Kemmy Law Firm is truly a family affair with the Dad, Thomas, four sons and a daughter in law, Nick's wife, working together. If you're looking for legal representation, I wholeheartedly endorse Kemmy Law without reservation.
        - Jerry G.
      • "I would recommend the Kemmy Law Firm 100 times out of 100."

        We could not be more satisfied with Kemmy Law Firm. They represented us, and especially my father with respect and efficiency and earned every bit of what the law allowed. This helped my mother more than I can articulate. I would recommend the Kemmy Law Firm 100 times out of 100.

        - Iaz P.

        Let Our Family Protect Yours

        When you work with us at Kemmy Law Firm, you are working with a family run firm with more than 50 years of combined experience.

        • Please enter your first name.
        • Please enter your last name.
        • Please enter your phone number.
          This isn't a valid phone number.
        • Please enter your email address.
          This isn't a valid email address.
        • Please make a selection.
        • Please enter a message.
        • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy
        Request Your Consultation (830) 264-6297
        Kemmy Law Firm, P.C. Kemmy Law Firm, P.C.
        Follow Us