New Mexico Medical Malpractice Attorneys Curtis & Co.

Potentially preventable surgical error results in negligence suit

When an individual needs to go in for a surgery here in New Mexico, he or she expects to come out better and improved. Unfortunately, this is not always the case, especially when potential negligence occurs. Two doctors along with a hospital at which they practice are the defendants in a recent medical negligence lawsuit in another state.

Apparently, a man went in for a colonoscopy in August 2013. Afterward, he was experiencing severe pain and had to be admitted into the hospital. Upon admittance, it was determined that he had a hernia and was going to require a medical surgery. During this surgery, a medical stapler was used to put the man's colon back together after the hernia was surgically removed.

A couple of days later, the man said he was experiencing even more pain. An exploratory surgery was conducted, and physicians were able to determine that the man's pain was being caused by an obstruction in the man's colon. The stapler had allegedly misfired and caused a misalignment of the connection of his colon.

As a result of this, the plaintiff says he was required to wear a colostomy bag for a year and a half. In his medical malpractice lawsuit, he is seeking numerous damages for physical pain and suffering as well as mental anguish. He is also seeking restitution for lost wages, physical impairment and disfigurement.

The problem with this surgical error and many others is the fact that it could have been prevented. If the surgeons had paid more careful attention to how they were using the surgical stapler and where the staples were being placed, this entire situation could have been prevented. Unfortunately, the surgeons were potentially negligent in their actions in the operating room, which led to the man suffering unnecessarily for the next several months. Just like this man has done, anyone in New Mexico who is a victim of medical negligence may want to seek legal recourse to recover compensation for any damages caused by medical malpractice.  

Source:, "Plaintiff sues two physicians, UTMB over malpractice claims", Molly English-Bowers, Sept. 10, 2015

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Albuquerque, NM 87102

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