New Mexico court upholds damages cap in medical malpractice | KOB 4

New Mexico court upholds damages cap in medical malpractice

New Mexico court upholds damages cap in medical malpractice

The Associated Press
Created: March 15, 2021 12:30 PM

ALBUQUERQUE, N.M. — New Mexico’s highest court has ruled that monetary limits on some types of damages due to medical malpractice are not unconstitutional.

The New Mexico Supreme Court on Monday unanimously upheld the Medical Malpractice Act, which maintains non-medical and non-punitive damages at $600,000.

The limit does not extend to punitive damages and compensation for medical and rehabilitative care.

The five-member panel argue that a cap will just be a legal consequence when juries determine amounts to award.

The decision reverses a 2018 ruling made by the Bernalillo County District Court.

A woman was awarded $2.6 million in damages in her lawsuit against an Albuquerque doctor and health provider.


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