New Mexico Non-Economic Damage Cap Hangs in the Balance
December 10, 2019
At ISMIE, we monitor and report on the status of medical liability reform laws across the United States. A recent New Mexico court action was flagged as a “troubling development.”
The New Mexico Supreme Court recently heard oral arguments in a case challenging the constitutionality of the state’s $600,000 cap on non-economic damages in medical liability cases.
The lawsuit accused a doctor of causing a patient’s complications and eventual permanent brain damage. After the jury awarded $2.6 million to the patient, the defendant requested that the trial judge reduce the award according to the cap. However, the trial judge ruled that the cap was unconstitutional because it deprives an individual of the right to a jury trial.
We now wait for word from New Mexico's high court on whether the cap violates the right to a trial by jury as guaranteed by the state constitution.
ISMIE News will provide updates on any developments. Stay tuned!