Tag Archives: Medical Malpractice

NM Supreme Court: Texas doctor’s sovereign immunity will be upheld in medical malpractice case

by Emil J. Kiehne Posted on March 14, 2017

Yesterday, the New Mexico Supreme Court issued its decision in the closely-watched case of Montaño v. Frezza. The case arose out of medical treatment that a New Mexico resident, Kimberly Montaño, received from a physician at Texas Tech University Hospital … Continue reading →

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“Editorial: Subjecting out-of-state M.D.s to NM law risky”

by Emil J. Kiehne Posted on January 20, 2016

Yesterday the Albuquerque Journal ran this editorial about Montaño v. Frezza, which is pending in the New Mexico Supreme Court. The case involves a New Mexico plaintiff who allegedly suffered malpractice at the hands of a physician in Texas who worked … Continue reading →

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“NM vs. Texas — Whose law wins?”

by Emil J. Kiehne Posted on January 11, 2016

Scott Sandlin has this article in today’s Albuquerque Journal about the Montaño v. Frezza case pending before the New Mexico Supreme Court. I’ve previously written about this case here. The plaintiff is a New Mexico resident who underwent gastric bypass surgery at … Continue reading →

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The Frezza case: does it threaten New Mexicans’ ability to obtain medical care in Texas?

by Emil J. Kiehne Posted on October 28, 2015

Due to an apparent shortage of qualified physicians in southern and eastern New Mexico, many residents of our state must seek medical care in Texas (usually in El Paso, Amarillo, and Lubbock). Earlier this year, the Court of Appeals held, … Continue reading →

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Medical malpractice damages cap is constitutional, says NM Court of Appeals

by Emil J. Kiehne Posted on June 7, 2013

A plaintiff suffered severe and painful injuries, and required subsequent surgeries, as a result of errors made during a colonoscopy. A jury awarded the plaintiff $1,000,000 in damages, but the trial court reduced the award to $600,000 to comply with … Continue reading →

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