Medical liability reform at risk in state supreme court case

One of the nation’s leading medical liability reform laws could be undercut in a case before a state supreme court. Also tied up in the balance is access to essential medical care for thousands of patients in a highly underserved region of the country. Montaña v. Frezza, a case before the Supreme Court of the State of New Mexico, calls into question whether Texas’ medical liability reforms should apply when New Mexicans seek care from physicians practicing in their neighbor state. A New Mexico Court of Appeals previously ruled that a New Mexico citizen who travelled voluntarily to Texas to receive elective medical care could file a suit against the physician in New Mexican court and under New Mexican law as a way around its neighbor state’s medical liability reforms. Sick and injured eastern New Mexico patients rely on Texas physicians for medical care because the region lacks significant and necessary specialties. If Montaña v. Frezza is upheld, opportunities for eastern New Mexico patients to travel to western Texas for medical care will diminish. New Mexico’s only Level 1 trauma center is in Albuquerque. There are no Level 2 trauma centers. Presently 36 percent of New Mexico’s critically injured trauma patients receive treatment in Texas. If the decision of the appeals court is allowed to stand, regional trauma centers in Texas may have trouble retaining the required specialists to provide the necessary services. This could result in the diversion of Ne...
Source: AMA Wire - Category: Journals (General) Authors: Source Type: news