Law Capping Medical Malpractice Damages is Ruled “Unconstitutional” by Judge Victor Lopez of Albuquerque, New Mexico

According to the Las Cruces Sun News, an Albuquerque, New Mexico court recently ruled the law which caps New Mexico medical malpractice damages as unconstitutional.  A $600,000 civil medical malpractice cap, originally created as an amendment to the 1976 law, has been in place in New Mexico since the 1990s. This cap applies only for plaintiffs’ compensation for things like pain and suffering and lost wages and does not apply to medical costs or punitive damages.

Judge Victor Lopez of the 2nd Judicial District Court in Albuquerque, New Mexico ruled that the Legislature exceeded its constitutional authority because it restricts the plaintiff’s “right to receive an unaltered jury verdict.”

The court’s recent ruling in favor of plaintiff, Susan Siebert, will award her $2.6 million in damages against defendants Dr. Rebecca Okun and the Women’s Specialists of New Mexico. Mrs. Siebert alleges she was hospitalized in 2011 for over nine months due to injuries suffered from a gynecological procedure.

For the ruling to apply throughout New Mexico, the case will need to be upheld in the appellate system, according to the Siebert’s attorney, Lisa Curtis. Curtis calls the medical malpractice cap “Really outdated.” She went on to say that “A $600,000 cap isn’t even the equivalent of paying someone minimum wage, if you’re talking about a plaintiff who dies as a result of medical malpractice in their 20s or 30s.”

If you have been a victim of New Mexico medical malpractice, there’s no better time than now to file your case. You may be entitled to additional compensation for damages of lost wages, pain and suffering. Contact one of our New Mexico medical malpractice lawyers today for your free consultation. You will pay nothing in attorney fees unless we win your case.

 

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