In 2022, New Mexico was 37th in the country for the most medical malpractice cases with 159 total cases in the state. The top 3 states with the most cases overall were California, Texas and Florida. California edged out Texas with 2,074 cases. Vermont had the fewest cases and Hawaii was second to last.
One of the biggest Medical Malpractice settlements in the USA in 2022 was for $97.4 Million. It was a serious birth injury case and it happened in Iowa. It was a case where the doctor’s decision led to permanent injuries to a new born baby. The baby’s injuries included cerebral palsy, developmental delays, ischemic brain injury, expressive-receptive language disorder and HIE which is Hypoxic-ischemic encephalopathy that results in brain damage at birth. The $97.4 million settlement is the sum total of compensation for medical/custodial care, loss of earnings and pain/suffering for the parents.
In 2018 a settlement was reached for $73.2 million in New Mexico for Medical Malpractice. The case involved permanent brain damage of a child after botched childbirth by the doctor. The $73.2 million dollar settlement is a record in New Mexico. The doctor who performed the risky delivery died in 2017 and was found liable along with the outpatient clinic where the deliver took place. The baby went 10 minutes without oxygen which resulted in life-long effects that require around the clock care.
In 2024, the cap for award in medical malpractice lawsuits will rise to $5 million instead of the current $800,000 cap in New Mexico. Insurance companies have been refusing to provide coverage when this change takes effect forcing some health care facilities to close up. There are expected to be landmark awards in the future with a significant increase in the cap. New Mexico also has a shortage in doctors and patients can wait weeks just to schedule one urgent appointment and be seen. With a shortage of doctors, accidents can happen more frequently.
In 2022, the largest settlement in the United States was in Minnesota. $111 million was the verdict and most of the settlement ($100 million) was for future pain and suffering. It involved a 16 year old student who injured himself playing soccer and had surgery for a broken leg but ended up suffering muscle problems, numbness and burning. His condition was not treated fast after he was found to have acute compartment syndrome that left him with permanent injuries and disabled for the rest of his life.
While New Mexico is a small state of over 2 million people, doctors commit medical malpractice at an alarming rate.
In 2017, New York paid out the most in medical malpractice damages at $593 million far above the second place Pennsylvania that paid out $340 million. New Mexico is near the middle in overall payouts and well above the last place state Vermont that only paid out $1.7 million in 2017.
Contact us today about your medical malpractice case. We take cases in New Mexico including all the Santa Fe, Taos, Ruidoso, Las Cruces, Grants, Gallup, Albuquerque, Las Vegas, Roswell and more.