SIEBERT v. OKUN

NO. S-1-SC-37231.

485 P.3d 1265 (2021)

2021-NMSC-016

Susan L. SIEBERT, Plaintiff-Appellee, v. Rebecca C. OKUN, M.D., and Women's Specialists of New Mexico, Ltd., Defendants-Appellants.

Supreme Court of New Mexico.

Filing Date: March 15, 2021.


Attorney(s) appearing for the Case

Hinkle Shanor, LLP, William P. Slattery , Dana Simmons Hardy , Santa Fe, NM, Dickinson Wright, PLLC, Bennett Evan Cooper , Phoenix, AZ, Lorenz Law, Alice Tomlinson Lorenz , Albuquerque, NM, for Appellants.

Curtis & Co., Lisa Curtis , Laura R. Callanan , Albuquerque, NM, The Law Office of Amalia S. Lucero, LLC, Amalia J. Skogen Lucero , Placitas, NM, for Appellee.

John W. Anderson, Attorney at Law P.C., John William Anderson , Albuquerque, NM, Shook, Hardy & Bacon, LLP, Mark A. Behrens , Cary Silverman , Washington, D.C., for Amici Curiae New Mexico Medical Society and American Medical Association.

Rodey, Dickason, Sloan, Akin & Robb, P.A., Edward R. Ricco , Albuquerque, NM, for Amicus Curiae New Mexico Hospital Association.

University of New Mexico School of Law, Michael B. Browde , David J. Stout , Albuquerque, NM, American Association for Justice, Elsie Sanguinetti , President, Jeffrey White , Senior Associate General Counsel, Washington, DC, for Amici Curiae New Mexico Trial Lawyers Association and American Association for Justice.


OPINION

{1} This case requires us to consider whether the cap on all damages other than medical care and punitive damages under the Medical Malpractice Act (MMA), NMSA 1978, §§ 41-5-1 to -29 (1976, as amended through 2015), violates the right to trial by jury guaranteed by Article II, Section 12 of...

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