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Court applies malpractice laws to doctors' clinics in New Mexico

Readers in Franklin, Ohio, might be worried to hear that some medical malpractice laws are capping the amount victims can claim. Those who suffer from medical errors during pregnancy, surgeries, or other medical appointments may no longer be able to receive the payout needed to cover the ongoing medical expenses they will have to pay.

On Sept. 5, a New Mexico court ruled that businesses formed by doctors are covered by the state law capping the damages that can be awarded to victims of medical malpractice. The Supreme Court of New Mexico decided that the limited liability companies and medical professional corporations do fall under the category of health care providers defined by the state, according to the article.

The case went to the court after a 1976 law was questioned. It was unclear if the law applied only to licensed physicians, clinics, and hospitals, or if it could also protect corporations created by doctors, according to the report. As a corporation isn't licensed, some people were arguing that it would not fall under the law.

The Supreme Court of New Mexico ruled that the law did, in fact, cover the corporations formed by medical professionals. The court stated that excluding those businesses would undermine the law, which is supposed to help increase the availability of insurance for claims of medical malpractice. The article also states that in 2011, the governor of the state vetoed a measure that would have increased the liability caps of the malpractice law.

Although this news has to do with New Mexican laws, Ohio also has some caps on the amount you can claim for medical malpractice. If you're worried about injuries that you suffered during pregnancy, surgeries, or other medical procedures, make sure to understand your full legal rights. You may have the right to claim for compensation to cover your pain, suffering and damages.


Source: 
Claims Journal, "New Mexico Court Rules Malpractice Law Covers Doctors' Businesses" No Author Given, Sep. 09, 2013

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