Despite receiving negative pathology results from the biopsy, Defendant Levy performed an extensive surgery removing the left lower lobe of Philip’s lung and part of Philip’s diaphragm. At trial, the jury found Defendants not liable for medical negligence and loss of consortium, but did find Defendants liable for failure to obtain informed consent. The district court entered judgment that referenced the dollar amount of the jury’s verdict, but stated that the verdict could be satisfied by payment of the sums recoverable pursuant to the Medical Malpractice Act’s statutory cap on damages. The Court of Appeals of the State of New Mexico stated in its Memorandum Opinion filed on April 16, 2024: “Rule 1-049(A) simply notes that party’s failure to sufficiently
New Mexico Appellate Court Upholds Cap On Damages In Medical Malpractice Case – Medical Malpractice Lawyers
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