Behrens and Silverman File Amici Brief on Medical Malpractice Cap in New Mexico

Public Policy Group Partners Mark Behrens and Cary Silverman filed an amici brief in the New Mexico Supreme Court on behalf of the New Mexico Medical Society and American Medical Association in a case challenging the constitutionality of the state’s limit on noneconomic damages in medical malpractice cases. Siebert v. Okun, No. A.-1-CA-37286 (N.M.). The brief explains that the potential for subjective and unpredictable awards affects the affordability of liability insurance and warrants reasonable limits on noneconomic damages. The brief also explains how reasonable damage limits on medical liability improve the healthcare system for doctors and patients by facilitating increased access to care and reducing defensive medicine. Finally, the brief discusses how other courts have upheld the constitutionality of comparable damage limits.