New Mexico Hospital Wins Limit on Vicarious Liability Damages

A New Mexico hospital won’t have to pay more than $500,000 in damages if held liable for the alleged medical malpractice of one of its nurses, the state’s top court said.

The medical malpractice law in effect when patient Pamela Smith died in April 2021 limited the damages available for vicarious liability claims against “qualified health providers” regardless of whether the person who committed the malpractice was a qualified provider, the New Mexico Supreme Court said Monday. Lovelace Health System LLC was eligible for the cap, even though the nurse wasn’t, Justice David K. Thomson wrote for the unanimous court. ...