Texas doctors who treat New Mexico patients can breathe easier now that the New Mexico Supreme Court has overturned a ruling in a medical malpractice case that took aim at more favorable tort laws in the Lone Star State.
The court issued its opinion in the case of Kimberly Montano on Monday, saying her complaint against a former surgeon at Texas Tech Hospital in Lubbock should be dismissed without prejudice.
Montano filed her suit in 2011, claiming her 2004 gastric bypass surgery was botched. The question was whether she should be able to pursue her claim against the Texas doctor in New Mexico's more patient-friendly courts.
Unlike New Mexico, Texas provides immunity for individual state employees.
The court found that under the principle of comity, applying Texas law would not undermine public policy in New Mexico.