The New Mexico Supreme Court has issued a ruling clarifying how the state’s medical malpractice law applies to hospitals and their employees.
In a unanimous decision, the Court determined that Lovelace Health System qualifies for protections under the state’s Medical Malpractice Act, including limits on certain damages, when facing claims tied to the actions of its employees.
The case centers on the death of Pamela Smith, who died in April 2021 following surgery at Lovelace Medical Center in Albuquerque. Her estate filed a lawsuit alleging negligence, including claims based on the care provided by registered nurses employed by the hospital.
At issue was whether the Medical Malpractice Act applies to hospitals in cases involving “vicarious liability,” where an employer can be held responsible for the actions of its employees. At the time of the incident, registered nurses were not explicitly listed as qualified healthcare providers under the law.
The Supreme Court ruled that the law’s definition of a malpractice claim is broad enough to include claims against a hospital based on the actions of its employees, even if those employees are not individually covered under the statute.
The ruling reverses a lower court decision and allows Lovelace to seek protections under the Medical Malpractice Act as the case moves forward.
The lawsuit will now continue in district court.
