Justia Medical Malpractice Opinion Summaries

The issue this case presented for the New Mexico Supreme Court’s review centered on whether the cap on all damages other than medical care and punitive damages under the Medical Malpractice Act (MMA), violated the right to trial by jury guaranteed by Article II, Section 12 of the New Mexico Constitution. Plaintiff Susan Siebert successfully sued her doctor, Rebecca Okun, M.D., and Women’s Specialists of New Mexico, Ltd. (WSNM) for medical malpractice under the MMA. Following the return of the jury’s verdict, Defendants Dr. Okun and WSNM moved to reduce the jury award of $2,600,000 to conform with the $600,000 cap on all nonmedical and nonpunitive damages in MMA actions. The district court denied Defendants’ motion, concluding that the MMA nonmedical, nonpunitive damages cap infringed the state constitutional right to a trial by jury. The Supreme Court held that the MMA nonmedical, nonpunitive damages cap did not violate Article II, Section 12, and reversed the district court’s denial of Defendants’ motion to conform the judgment in accordance with the statutory cap. View "Siebert v. Okun" on Justia Law

Petitioner Sarah Cahn invoked the due process exception to the New Mexico Medical Malpractice Act (MMA), but did not file her late-accruing medical malpractice claim against Respondent John Berryman, M.D. within twelve months. Twenty-one months elapsed between the accrual date of Cahn’s claim against Dr. Berryman and the date she filed suit against him. Thus, her claim was barred by Section 41-5-13 of the Act. By this opinion, the New Mexico Supreme Court clarified the contours of the due process exception, and held that plaintiffs with late-accruing medical malpractice claims, i.e., claims accruing in the last twelve months of the three-year repose period, shall have twelve months from the time of accrual to commence suit. View "Cahn v. Berryman" on Justia Law

Kimberly Montano, a New Mexico resident, sought bariatric surgery for her obesity in early 2004. At that time Eldo Frezza, M.D. was the only doctor from whom Montano could receive that surgery and still be covered by her insurer. Montano believed that she needed the procedure and that she could not afford it without medical insurance coverage. Dr. Frezza was employed as a bariatric surgeon and professor and served as chief of bariatric surgery at Texas Tech University Health Sciences Center in Lubbock, Texas. The issue this case ultimately presented for the New mexico Supreme Court’s review was whether a New Mexico resident who had been injured by the negligence of a state- employed Texas surgeon name that surgeon as a defendant in a New Mexico lawsuit when Texas sovereign immunity laws would require that the lawsuit be dismissed. The Court initially presumed that comity should be extended because cooperation and respect between states was important. “However, this presumption is overcome and a New Mexico court need not fully extend comity if the sister state’s law offends New Mexico public policy” In this case, the New Mexico Court applied the Texas provision requiring that the case against the surgeon be dismissed because do View "Montano v. Frezza" on Justia Law

On December 12, 2002, Defendant Dr. Steven Wenrich delivered Plaintiff Cynthia Provencio's fourth child via caesarean section. Prior to surgery, Mrs. Provencio consented to Defendant contemporaneously performing a tubal ligation procedure on her sole fallopian tube because she did not wish to have additional children. After completing the surgeries, Defendant sent a portion of what he believed was ligated fallopian tube to a laboratory for analysis. The resulting pathology report revealed that the tissue Defendant had ligated was ligament, not fallopian tube, and Plaintiff still could conceive children. Since the Supreme Court issued "Lovelace Medical Center v. Mendez," (111 N.M. 336 (1991)) more than 20 years ago, the Court has not had an opportunity to clarify whether a doctor who negligently performs a tubal ligation procedure, but who then informs the patient of her continued fertility, may be sued for the future costs of raising a subsequently conceived child to the age of majority. Upon review, the Court held that those particular damages are only available when a doctor has breached a duty to inform. In this case, the Court of Appeals held otherwise, concluding that notice of continued fertility, or lack thereof, was merely a factor for the jury to consider as questions of causation and comparative fault. Accordingly, the Supreme Court reversed the Court of Appeals and affirmed the district court's dismissal of this action. View "Provencio v. Wenrich" on Justia Law