Surgery carries real risk. A surgical error is harm that never should have happened, and proving it is what I do.
Some surgical harm is an unavoidable risk of the procedure. Other harm comes from mistakes that should never happen: operating on the wrong site, damaging an organ or artery, or leaving an instrument inside the body. Tim Chelpaty has represented southern New Mexico patients harmed this way for more than 40 years, and every case is reviewed by an independent medical professional, before Tim decides whether to pursue it.
A known risk is not the same as a mistake
Every operation carries risk, and every patient signs a form saying so. That form is the first thing you will hear about if you ask why something went wrong. But consenting to a risk is not the same as consenting to negligence. A recognised complication that occurs despite careful surgery is one thing. Harm caused because the surgical team did something a careful team would not have done, or failed to do something they should have, is another.
The line between the two is a medical question before it is a legal one, and it is answered from the operative report, the anesthesia record, the nursing notes, and the post-operative chart, not from the conversation you had in the recovery room. Those documents record what was actually done, in what order, and how the team responded when things changed.
That is why the medical records go to an independent medical professional before Tim decides whether there is a case. It is also why patients are so often talked out of asking: the explanation that it was “just a known risk” is difficult to argue with unless somebody reads the chart.
What a surgical claim still has to prove
- A duty was owedThe surgeon, anesthesiologist, and hospital each owed you a professional standard of care.
- The standard was breachedWhat happened fell below what a reasonably careful team would have done in the same operation.
- The breach caused the harmThe injury came from the error, not from the underlying condition or an accepted risk.
- There are real damagesCorrective surgery, a longer recovery, permanent limitation, lost income, or lasting pain.
What counts as a surgical error
Surgical error claims are not limited to what happened while you were on the table. They cover the preparation before it, the anesthesia during it, and the monitoring afterwards, because a failure at any of those points can cause harm that was entirely avoidable.
Wrong-Site or Wrong-Procedure Surgery
Operating on the wrong body part, the wrong side, or performing a different procedure than the one you consented to. These are considered so preventable that basic safety checks should make them impossible.
Organ, Artery, or Nerve Damage
Damage a careful surgeon should have avoided, often from poor technique, inattention, or failing to account for the patient's anatomy before cutting.
Uncontrolled Bleeding
Failure to recognise or control bleeding during or after the procedure, including missed signs of internal haemorrhage in the hours that follow.
Anesthesia Errors
Dosing mistakes, a history or allergy not reviewed, unrecognised airway problems, or inadequate monitoring of vital signs. Anesthesia leaves very little margin for error.
Retained Instruments or Sponges
Tools or sponges left behind when the patient is closed, frequently not found until pain, infection, or another complication forces a return to hospital.
Missed Post-Operative Complications
Infection, internal bleeding, or another warning sign the team failed to catch or was slow to act on. When a delay causes further harm, this can overlap with a delayed diagnosis claim.
You will never be handed off to a junior associate or a call center. When you call this office, you get Tim. He is the same attorney who will see your case through to the end.
Signs something may have gone wrong
None of these prove malpractice on their own, and some have innocent explanations. But they are the patterns that most often turn out to be worth a closer look at the records.
Your recovery is far longer or more painful than you were told to expect
A recovery that does not track what the surgeon described, particularly when the pain is in a place the procedure should not have affected, is worth asking about.
You are getting inconsistent explanations
When the surgeon, the nurses, and the discharge paperwork describe what happened differently, the records usually resolve which account is accurate.
You needed corrective surgery soon after the first operation
A second procedure to fix the result of the first is not proof of negligence, but it is one of the strongest signals that the first one is worth reviewing.
Another doctor seemed surprised by your complication
A second opinion describing your outcome as unusual, atypical, or unexpected is often the first honest signal a patient gets.
You developed new symptoms that never improved
Numbness, weakness, incontinence, or loss of function that appeared after surgery and did not resolve can indicate avoidable nerve or organ damage.
You followed every instruction and still got worse
When a patient does everything asked of them and the condition still deteriorates, the question shifts to whether the care itself was adequate.
“You signed the form” is not the end of it
Almost every surgical claim meets the same first response: you were told this could happen, and you signed a form acknowledging it. Consent forms are written broadly and list nearly every complication a procedure could conceivably produce, which makes them an effective conversation-stopper.
They are not, however, a waiver of negligence. A consent form describes risks that remain even when the operation is performed competently. It does not authorise a surgeon to operate on the wrong site, to leave an instrument behind, or to miss bleeding in recovery. Nor does it cover a complication that was listed but arose because of an avoidable error rather than bad luck.
There is also a second question the form raises rather than settles: whether the consent was genuinely informed. If a material risk was never explained, or an alternative treatment was never offered, that itself can form part of a claim.
- What consent does coverRecognised complications that can occur even when the procedure is carried out to the accepted standard of care.
- What it does not coverPreventable mistakes, care that fell below the standard, or risks that were never properly explained to you.
By the numbers
Past results do not guarantee future outcomes. Amounts reflect prior matters; every case depends on its own facts, liability, injuries, insurance, and the law.
Settlements and verdicts won across medical malpractice and personal injury claims.
More than 40 years representing injured clients across southern New Mexico.
Rated by clients for communication, results, and support throughout their case.
How we build a surgical error case
We collect the surgical and recovery records
Operative reports, anesthesia records, nursing notes, and post-operative charts, so the full picture of what happened in and after the operating room is in hand.
A physician examines where care fell short
An independent medical professional reviews the surgical records to pinpoint exactly where the standard of care was not met.
We identify everyone responsible
A surgical injury can involve the surgeon, the anesthesiologist, the hospital, or all three. Establishing who is answerable shapes how the claim is brought.
We prepare the case as though it's headed to trial
Surgical malpractice claims are contested hard by insurers, so Tim builds every case with the same preparation he would bring before a jury.
“They never missed a beat. The communication was excellent and timely, way above what we expected. I would recommend anyone in need of legal services call Tim Chelpaty.”Chris S. · Las Cruces, NM · via Lawyers.com
Do I actually have a case?
A difficult outcome is not always malpractice, and telling the difference is most of the job. If something about your surgery does not sit right, our plain-English guide walks through the warning signs and when it is worth having your records reviewed.
Answers about surgical error claims
These are the questions Tim hears most often from patients across southern New Mexico who are trying to understand what happened during or after their surgery.
Learn about medical malpractice claims →Needing a corrective procedure is not proof by itself, but it is a signal worth examining closely. Whether it rises to malpractice depends on whether the first surgery fell below the accepted standard of care and whether that failure is what caused the need for a second operation. That is a medical question first, which is why the records are reviewed by an independent medical professional before Tim decides whether to move forward.
Hospitals and surgeons often point to a signed consent form that lists general risks of the procedure. But a known risk is not the same as a preventable mistake, and consenting to a risk is not the same as consenting to negligence. Part of the case review is looking closely at whether what happened was truly a recognized risk, or the result of an error that should not have occurred.
Proving a surgical error generally requires the medical records, the operative report, and an understanding of what a reasonably careful surgeon would have done in the same situation. An independent medical professional reviews the medical side of every potential case, so the question of whether the standard of care was met is examined early by someone who reads records for a living.
It depends on what went wrong. The surgeon may be responsible for a technical error, the anesthesiologist for a dosing or monitoring failure, and the hospital for staffing, equipment, sponge counts, or post-operative nursing care. Sometimes more than one party is answerable. Working out who is part of building the claim, not something you need to determine before calling.
No. A consent form describes risks that remain even when an operation is performed competently. If the complication happened because of an avoidable error rather than bad luck, the fact that it appeared on a list does not excuse it. There is also a separate question of whether the consent was genuinely informed in the first place.
Medical malpractice deadlines in New Mexico can be strict and fact-specific, and in many cases the clock starts at the time of the negligence rather than when the patient discovers it. Because exceptions exist and missing a deadline can end a valid claim, it is best to speak with Tim as early as possible.
Nothing. The initial case review is free and confidential, and if Tim takes your case, he works on a contingency fee basis. That means you pay no attorney fee up front, and none at all unless he recovers money for you.
Harmed by a surgery that should have gone right?
Tim offers a free, confidential review of your surgical records. No obligation, no cost, and a straight answer about whether the care fell below the standard, from an attorney who has handled these claims for more than 40 years.