Laparoscopic surgery is supposed to come with reduced recovery times and lower risks compared to traditional surgeries. If something goes wrong due to healthcare provider negligence, however, it can lead to serious complications that your doctor never intended.
If laparoscopic negligence causes severe injuries, the Albuquerque medical malpractice lawyers at the Fine Law Firm can explain your legal rights and guide you through the steps it takes to get justice. We offer free, no-pressure case evaluations to potential clients.
Why Choose The Fine Law Firm in Albuquerque?
- We have 50 years of experience in personal injury and medical malpractice law. The Fine Law Firm has represented injured clients throughout New Mexico since 1975.
- Our attorneys have a proven track record of success, with millions of dollars won in settlements and verdicts. This includes multiple seven-figure medical malpractice case results.
- Our attorneys are known for putting their clients first. Your attorney will communicate with you frequently throughout your case and make sure you have everything you need during this difficult time.
- You won’t be charged by your laparoscopic negligence lawyer in Albuquerque unless your case results in financial compensation for your losses. Our malpractice lawyers operate on a contingency fee basis.
What Is Laparoscopy?
Laparoscopy is an operation performed with a laparoscope, or a long, thin tube with a camera and light attached. With aid from a laparoscope, this surgery only requires a few small incisions rather than a large one, minimizing scarring, pain and recovery times. Laparoscopic surgery may be an option for procedures such as diagnoses, small repairs, biopsies, small organ removal and collecting tissue samples.
What Are the Risks of Laparoscopic Surgery?
Laparoscopic surgery is generally safe when performed correctly, as it is a minimally invasive procedure. However, it is still considered a major operation with potential health risks.
Laparoscopy has risks such as:
- Vascular (blood vessel) injury
- Abdominal wall injuries
- Bruising of the stomach
- Perforation of the stomach
- Bowel or bladder injuries
- Infection or sepsis
Risks to the patient increase when the health care provider responsible for the procedure is negligent or fails to adhere to the proper medical standards of care. Medical negligence or malpractice can lead to more serious harm and even patient deaths.
What Is Laparoscopic Negligence?
Laparoscopic negligence refers to a lack of proper care taken by the surgeon or medical team during this minimally invasive procedure. Four legal elements must be proven to win a medical malpractice claim involving laparoscopic negligence:
- Duty of care: the health care provider named in the case (the defendant) had a professional duty of care based on the doctor-patient relationship between them and the injured party (the plaintiff).
- Breach of duty: the defendant did not meet the correct standards of care, or didn’t act in a way that a reasonably competent provider would have when prepping for laparoscopy, performing the laparoscopic procedure or caring for the patient post-operation.
- Causation: the defendant’s breach of the standard of care was the proximate or actual cause of the patient’s injuries. The harm being claimed resulted from the defendant’s negligence and not the underlying medical condition.
- Damages: the plaintiff suffered actual damages because of laparoscopic negligence, such as medical expenses, lost wages, and pain and suffering.
Any act or omission that a competent surgeon would not have committed in the same or similar circumstances could constitute medical negligence during laparoscopy. If this leads to a patient injury or wrongful death, a malpractice claim can be filed in Albuquerque.
Types of Laparoscopic Negligence
While laparoscopic techniques have many advantages, such as not being as invasive as open procedures, there are situations in which an open procedure, and not a laparoscopic procedure, should be utilized, and other situations in which a laparoscopic procedure should be converted to an open procedure due to complications.
Another area of laparoscopic negligence in which we have been involved in is the failure of a physician to realize that he or she made a serious mistake during laparoscopic surgery, and the subsequent failure to recognize symptoms suggesting that a mistake was made. Lastly, numerous laparoscopies involve a failure to properly visualize the patient’s anatomy.
Evidence to Collect for Your Laparoscopic Negligence Case
Holding someone accountable for injuries caused by laparoscopic negligence requires compelling evidence. The plaintiff or injured party needs to prove the required elements as more likely than not to be true. This takes the right types of evidence to demonstrate substandard patient care and related injuries.
Common examples of evidence for a medical negligence claim include:
- Your medical records
- Medical documentation of your injuries
- X-rays, MRIs, CT scans and other medical test results
- Photographs and video footage
- Medical expert testimony
- Medical bills and other proof of financial losses
- Pain and injury journal
Expert witnesses are a key type of evidence for laparoscopic negligence claims. All medical malpractice cases in New Mexico must pass through a Medical Review Commission, which requires supporting evidence from an independent medical expert.
Compensation Available for Victims of Laparoscopic Negligence in Albuquerque
Filing a claim for a laparoscopic surgery that went wrong due to negligence can hold the careless health care provider accountable. It can also result in financial compensation to help make you whole again. Typical types of compensation include:
- Medical and hospital bills
- Additional medical costs from the injury
- Lost wages, income and future earning capacity
- Any permanent disability or disfigurement
- Pain, suffering and emotional distress
- Wrongful death damages, if applicable
- Punitive damages, in cases involving gross medical negligence
The potential value of a laparoscopic negligence claim will depend on the factors involved, such as the severity of the victim’s injuries and their effect on the victim’s life. You should always learn the true value of your case from a lawyer before accepting an insurance settlement.
What Is the Statute of Limitations on a Medical Malpractice Case in Albuquerque?
If you get hurt due to laparoscopic negligence in Albuquerque, act quickly to file a lawsuit. Under New Mexico’s statute of limitations, you have three years to file a medical malpractice lawsuit. While this may seem like a long time, it can go by quickly. In addition, waiting can risk the loss or destruction of important evidence.
In a case involving an injured minor (under the age of 18), the statute of limitations clock is tolled or paused until one year from the plaintiff’s 18th birthday. If the child was under the age of seven, the child has until age nine to seek compensation. Speak to a lawyer without delay to make sure you file on time.
Contact The Fine Law Firm for a Free Case Evaluation in Albuquerque
If you or someone you love was injured by laparoscopic negligence in Albuquerque or the surrounding area, The Fine Law Firm’s medical malpractice attorneys can help you pursue justice. We can explain your rights after listening to your injury story. Then, as your lawyers, we can guide you through all the steps of filing a claim and holding a provider responsible.
For a free initial case review in Albuquerque, contact us online or call (505) 889-3463 anytime, day or night. We can help after a serious injury from laparoscopic negligence.