New Mexico court strikes down medical malpractice damage cap

The Second Judicial District Court in Albuquerque recently struck down a New Mexico law that caps damages in medical professional liability lawsuits at $600,000. The cap does not apply to medical expenses, but does cover compensation for things like lost wages and noneconomic, pain-and-suffering damages. Judge Victor Lopez ruled that the New Mexico Medical Malpractice Act is unconstitutional because it unjustly violates a plaintiff’s right to receive an unaltered jury verdict.

The underlying lawsuit that struck down the damage cap involves a woman who alleges she was hospitalized for nine months as a result of negligence during a gynecological procedure. A jury found for the plaintiff in a sum of $2.6 million.

New Mexico first addressed its medical liability system through the 1976 New Mexico Medical Malpractice Act, which better defined the standard of care; restricted actions based on a lack of informed consent; established a statute of limitations and a medical review commission; and capped the dollar amount of recoverable damages at $500,000. The cap amount has since been raised to $600,000.

Leave a Reply

Your email address will not be published. Required fields are marked*

You may also like

Legislative panel approves medical malpractice bill
Read more
Urgent-care centers: Illinois numbers grow as time-pressed families seek low-cost option to ERs
Read more
Global Center for Medical Innovation launches
Read more

Recent Posts

Health Insurer Sued for Medical Malpractice Over Prior Authorization

North Carolina Supreme Court Removes Precedent Shielding Nurses from Medical Liability Claims

California Healthcare Providers, Trial Attorneys, Legislators Reach Deal to Increase MICRA Cap

Popular Posts

California Healthcare Providers, Trial Attorneys, Legislators Reach Deal to Increase MICRA Cap

2022 Medical Malpractice Insurance Rates: What the data tells us

Global Center for Medical Innovation launches

Start Your Custom Quote Process™

Request a free quote