FB New Mexico Judge Declared Medical Malpractice Cap Unconstitutional

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New Mexico Judge Declares Medical Malpractice Cap Unconstitutional

New Mexico Judge Declares Medical Malpractice Cap Unconstitutional

Many U.S. state laws have statutes in place limiting the amount of noneconomic damages a plaintiff can recover in a medical malpractice case. In March of 2018, the $600,000 cap on noneconomic damages in medical malpractice lawsuits in New Mexico was declared unconstitutional. Judge Victor Lopez of the 2nd Judicial District Court in Albuquerque ruled that the cap, created as an amendment to the 1976 law and in place since the 1990s, restricted the “right to receive an unaltered jury verdict.” The cap on noneconomic damages applies only to damages such as pain and suffering, but not to medical costs (economic damages) and punitive damages. The District Court’s ruling will need to be affirmed by the Appellate Court for it to be applied state-wide.

The following reviews from our clients do not constitute a guarantee, warranty, or prediction regarding the outcome of another legal matter. The cases mentioned in the reviews are illustrative of some of the matters previously handled by Grant & Eisenhofer involving various areas of birth injury law. These reviews are endorsements.

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The following reviews from our clients do not constitute a guarantee, warranty, or prediction regarding the outcome of another legal matter. The cases mentioned in the reviews are illustrative of some of the matters previously handled by Grant & Eisenhofer involving various areas of birth injury law. These reviews are endorsements.

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