HomeLatest ThreadsGreatest ThreadsForums & GroupsMy SubscriptionsMy Posts
DU Home » Latest Threads » Forums & Groups » Places » U.S. » New Mexico (Group) » Texas doctor can't be sue...

Tue Mar 14, 2017, 06:48 PM

Texas doctor can't be sued in New Mexico, court rules

A former Texas Tech University surgeon accused of botching a Curry County woman’s gastric bypass surgery in 2004 can’t be sued for malpractice in New Mexico, the state Supreme Court has ruled.

The state’s high court issued its decision Monday.

“We reverse the Court of Appeals and the district court,” Justice Edward L. Chávez wrote in his majority opinion, which was signed onto by Justices Petra Jimenez Maes and Judith K. Nakamura and Judge Linda M. Vanzi, a Court of Appeals judge designated to hear the case. “The district court shall dismiss Montaño’s suit without prejudice.”

The case has garnered significant attention in both New Mexico and Texas, with three dozen doctor groups and hospitals in both states signing on to a friend of the court brief in 2015. They argued that allowing the lawsuit to move forward could have a disastrous effect on patient care in eastern New Mexico – where doctors are scarce – because it might make Texas providers reluctant to care for New Mexico patients.

Read more: https://www.abqjournal.com/968337/texas-doctor-cant-be-sued-in-nm-court-rules.html

2 replies, 936 views

Reply to this thread

Back to top Alert abuse

Always highlight: 10 newest replies | Replies posted after I mark a forum
Replies to this discussion thread
Arrow 2 replies Author Time Post
Reply Texas doctor can't be sued in New Mexico, court rules (Original post)
TexasTowelie Mar 2017 OP
marybourg Mar 2017 #1
trc Mar 2017 #2

Response to TexasTowelie (Original post)

Tue Mar 14, 2017, 06:56 PM

1. Issues that are long-established elsewhere are

"cases of first impression" in New Mexico.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to TexasTowelie (Original post)

Tue Mar 14, 2017, 07:21 PM

2. The injured party was trying to get around the medical malpractice

limit in Texas. Gotta love torte reform.

Reply to this post

Back to top Alert abuse Link here Permalink

Reply to this thread