New Mexico’s Damages Cap Applies in Suit Arising on Tribal Land

New Mexico’s medical malpractice damages cap applies in an FTCA suit stemming from medical care provided by a hospital located on tribal land because the law specifically provides that the “law of the place” governs, a federal trial court said.

The plain meaning of the Federal Tort Claims Act’s law-of-the-place provision is that state law must be applied when a cause of action arises on a federal enclave, such as a military base or reservation, the U.S. District Court for the District of New Mexico said.

The plaintiffs sued the U.S. under the FTCA for medical malpractice that allegedly occurred ...