Supreme Court Clarifies Scope Of New Mexico’s Malpractice Law

SUPREME COURT NEWS RELEASE

The state Supreme Court ruled today that New Mexico’s medical malpractice law applies to Lovelace Health System for vicarious liability claims seeking to hold it responsible for the alleged malpractice of nurse employees in caring for a woman who died after surgery.

The Court unanimously concluded that Lovelace was entitled to the benefits of the Medical Malpractice Act for vicarious liability claims based on malpractice under the MMA because it was a qualified health care provider (QHP) under the statute. The MMA includes a cap on certain types of damages…

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