Medical Malpractice Cap Further Stunts Girl Who Suffers Likely Permanent Leg Injury at New Mexico Hospital

New Mexico state has paid $700,000 to Eric and Valerie Grant, parents of a girl who has suffered a likely permanent alteration of her right leg. The payment stems from a medical malpractice lawsuit at University of New Mexico Hospital (UNM) where doctors performed an unnecessary second surgery to recast a leg that had previously been repaired.   

 In 2018, a then seven-year-old girl dislocated her right hip and fractured her tibia while learning how to ski. Physicians performed a procedure to set her hip and tibia without cutting the skin. She was then transported to UNM Hospital for a head injury examination.  

Doctors at UNM Hospital attempted to recast her leg that prior physicians had already done. Instead, the second procedure led to one leg and foot being significantly smaller than the other. As a result, she has an altered gait, severe scarring on her leg, and will likely have problems walking for the rest of her life. The girl’s ability to play sports or run has also become limited despite the school basketball team’s efforts to accommodate her disabilities.  

In February 2020, the Grants filed a medical malpractice suit naming several physicians and nurses at UNM Hospital as defendants.  

Medical Malpractice Caps  

Damage caps are statutory limits on the amount of money a plaintiff can collect from a lawsuit. A damage cap on medical malpractice lawsuits means that there is a maximum amount that a patient can collect from suing a hospital, clinic, doctor, or other medical professional or institution. A cap does not guarantee that a patient will receive that amount, only that a patient cannot recover an amount that exceeds the cap.  

The medical malpractice cap in New Mexico was initially $750,000 when the lawsuit was filed in 2020. New Mexico raised its medical malpractice caps in 2021, and raised it again for hospitals to $4 million in 2022, with increases each year until it reaches $6 million in 2026.  

Damage caps have always been controversial as they limit how much a plaintiff can recover regardless of the severity of the injury. For patients like the Grants’ daughter, $4-$6 million may not be enough to compensate her for the permanent loss of a limp. Although seven figures may sound like a lot of money, the final amount must cover all costs. This would include taxes, attorneys’ fees, and medical liens, assuming the patient is awarded seven figures to begin with. Eliminating the cap would give patients potentially full range for their damages.  

On the other hand, damage caps would save a hospital from bankruptcy. If a hospital folds completely from lawsuits, then all other patients would be severally impacted, especially if the hospital is the only one for miles in given vicinity in a rural area. It is not fair to any individual patient if their damages are capped, especially if the hospital was the one that actively harmed them. However, lawmakers must balance the needs of society as a whole against the rights of individual members. It is up to the patient’s attorneys to fight for every dollar so that their client can obtain the most money possible.  

Do I Need the Help of a Personal Injury Attorney? 

If you have sustained a personal injury through the unlawful act of another, then you should contact a personal injury attorney. A skilled personal injury lawyer near you can review the facts of your case, go over your rights and options, and represent you at hearings and in court.