Copyright © 2018 Albuquerque Journal
A state court has struck down a New Mexico law that limits the amount of money a plaintiff can receive in a civil medical malpractice lawsuit to $600,000 in damages.
Judge Victor Lopez of the 2nd Judicial District Court in Albuquerque ruled that the Legislature exceeded its constitutional authority with the New Mexico Medical Malpractice Act to the extent that it restricts the plaintiff’s “right to receive an unaltered jury verdict.”
The $600,000 cap was created through an amendment to the 1976 law and has been in place since the 1990s. It does not apply to medical costs or punitive damages but covers compensation for things such as lost wages and pain and suffering.