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 at a state-owned hospital, and asks whether the physician should be able to rely on Texas’ sovereign immunity while being sued in New Mexico state court. I’ve previously written about this case here and here.
The editorial acknowledges that the plaintiff should be able to recover damages if the physician committed malpractice, but expresses the fear that allowing this lawsuit will encourage Texas medical providers to stop giving non-emergency care to New Mexico residents.
If you know of any other editorials or commentary on this case, please e-mail me, because I would be glad to link to them here.
