Pamela A. Smith died in the care of Lovelace Health System, LLC (Lovelace) on April 18, 2021 after undergoing surgery on March 29, 2021 at Lovelace Medical Center in Albuquerque, New Mexico. The wrongful death Estate of Pamela Smith (Plaintiff) filed both direct negligence claims against Lovelace and vicarious liability claims against Lovelace based on the conduct of its employed registered nurses in caring for Ms. Smith. Lovelace was a qualified health care providers (QHPs) under the New Mexico Medical Malpractice Act (MMA); its employed registered nurses were not, nor were they eligible for qualification under the version of the Act in effect. See § 41-5-3(A) (1977); § 41-5-5 (1992). The Supreme Court of the State of New Mexico was asked to determine whether a QHPs enjoys the benefits of the MMA in vicarious liability claims based on the conduct of its non-QHP employed registered nurses.
The New Mexico Supreme Court concluded in its June 8, 2026 Opinion: “We hold that the plain language of the MMA demonstrates that the Act covers vicarious liability claims against QHPs, regardless of the QHP status of the agent, where the agent’s conduct falls within the scope of Section 41-5-3(C). We reject Plaintiff’s assertion that only providers listed in Section 41-5-3(A) can commit malpractice under the MMA. Accordingly, Lovelace, as a QHP, is entitled to the Act’s benefits in the vicarious liability claims against it where the conduct of its employed registered nurses resulted in “medical treatment, lack of medical treatment or other claimed departure from accepted standards of health care which proximately result[ed] in injury to the patient.” Section 41-5-3(C).”
The New Mexico Supreme Court explained: “The MMA defines “health care provider” as “a person, corporation, organization, facility or institution licensed or certified by this state to provide health care or professional services as a doctor of medicine, hospital, outpatient health care facility, doctor of osteopathy, chiropractor, podiatrist, nurse anesthetist or physician’s assistant.” Section 41-5-3(A). The parties do not dispute that, per that definition, registered nurses cannot themselves be QHPs under the Act. Instead, Lovelace turns to the MMA’s definition of a “malpractice claim” to argue that it, as a QHP, is entitled to the Act’s protections in vicarious liability claims, even those arising from the conduct of its non-QHP registered nurses. “
“A “malpractice claim” is defined in the Act as “any cause of action arising in this state against a health care provider for medical treatment, lack of medical treatment or other claimed departure from accepted standards of health care which proximately results in injury to the patient, whether the patient’s claim or cause of action sounds in tort or contract, and includes but is not limited to actions based on battery or wrongful death. Section 41-5-3(C).”
“We agree with Lovelace that the plain language of Section 41-5-3(C) is quite broad in its definition of malpractice claims covered under the Act and encompasses vicarious liability claims where the agent’s actions fall within the scope of that definition. While vicarious liability is a form of derivative liability rooted in the actions of an agent, who might not be a QHP, if the agent’s actions constitute the kinds of malfeasance covered under Section 41-5-3(C) and the claim is brought against a principal that is a QHP, the QHP principal is entitled to the MMA’s protections. See § 41-5-3(C). Thus, on their face, Plaintiff’s vicarious liability claims against Lovelace fall within the definition of a “malpractice claim” for which Lovelace is entitled to the MMA’s protections.”
“It is true that, under Section 41-5-3(C) of the Act, only QHPs are protected by the MMA for malpractice claims against them. That does not necessarily mean that only QHPs, or those eligible to become QHPs, can commit malpractice that is cognizable under that section of the statute. The definition of “malpractice claim” only requires “medical treatment, lack of medical treatment or other claimed departure from accepted standards of health care which proximately results in injury to the patient.” Section 41-5-3(C).”
Source Ferlic v. Lovelace Health System, LLC, Docket number S-1-SC-40580.
If you or a loved one may have been injured (or worse) as a result of medical negligence in New Mexico, you should promptly find a New Mexico medical malpractice attorney who may investigate your medical malpractice claim for you and represent you or your loved one in a medical malpractice case, if appropriate.
Click here to visit our website or call us toll-free in the United States at 800-295-3959 to find medical malpractice lawyers in your U.S. state who may assist you.
Turn to us when you don’t know where to turn.
