In most states, medical malpractice suits are tried in the same state in which the patient was treated. In a landmark case in 2015, however, a New Mexico appeals court ruled that patients living in the state could sue physicians and hospitals in the New Mexico court system, even if the medical negligence occurred outside of the state. State legislators have recently proposed a piece of legislation that would make this court decision into state law.
New legislation could help address medical negligence
OB/GYN shortage may cause rise in medical malpractice cases
If most people were asked to choose a physician specialty that they wanted to ensure was robust, many would likely choose obstetrics and gynecology. These physicians are tasked with ensuring the health of a mother and her unborn child and for delivering children into the world. However, the rise in the number and amount of awards in medical malpractice cases in this specialty has caused many physicians to choose a different specialty during training or to limit their practices to gynecologic surgeries and not practice obstetrics. This has created a dangerous situation for many expectant mothers in New Mexico and throughout the country.
New Mexico surgeon faces multiple medical malpractice lawsuits
Whenever patients and their physicians decide that surgery is the best option, they inherently trust that their surgeons have the skill and knowledge to complete the procedure as safely as possible. However, there are cases in which a patient is treated by a surgeon who is not skilled enough, or who does not have the necessary knowledge to complete the procedure without causing harm to the patient. Recently, another medical malpractice lawsuit has been filed against an embattled New Mexico surgeon who has faced nine previous complaints.
After 10 years, couple gets $4M in medical malpractice lawsuit
It isn't often that medical lawsuits in New Mexico or elsewhere in the country make it to the jury trial stage. Hospitals, doctors and other entities generally prefer to settle medical malpractice suits quietly and out of court, usually to the benefit of the patient and his or her family. In a recent case, however, a jury trial awarded a $4 million verdict to a couple after a 10-year legal battle, which offers additional hope to those considering bringing a lawsuit against healthcare providers.
