New Mexico Appeals Court Clarifies Medical Malpractice Versus Ordinary Negligence in Richter v. Presbyterian Healthcare Services
In Richter v. Presbyterian Healthcare Services, the Court of Appeals of New Mexico addressed the distinction between ordinary negligence and medical malpractice. In the wrongful death case, Ms. Richter was treated at Presbyterian Healthcare Services (PHS) for cardiac symptoms in 2001. Her doctor ordered related testing for what he suspected was an undiagnosed pheochromocytoma. Although Richter's samples were initially sent to Regional Lab Corporation (RLC), they were later shipped to another laboratory for completion. About five days later and over the course of the weekend, two sets of results demonstrating that Richter in fact suffered from the undiagnosed condition were sent to RLC. On the following Monday, the results were processed by the laboratory. Although the results were electronically transmitted to the hospital, it is unclear whether the results were physically shipped to PHS on Monday or Tuesday.
The same day Richter's results were processed, she was discharged from PHS. It is not apparent whether her physician reviewed Richter's test results prior to her release from the hospital. About four years later, Richter passed away during surgery to remove a tumor on her adrenal gland. Although Richter's surgeon ordered new testing to determine whether the lump was a pheochromocytoma, he apparently performed the surgery before receiving the lab results.
Following Richter's death, her husband filed a wrongful death lawsuit against PHS, RLC, and her surgeons. At trial, RLC argued that the Medical Malpractice Act applied to Mr. Richter's claims. The district court found that RLC's acts were ministerial in nature and subject to the principles of ordinary negligence. The court also granted summary judgment in favor of RLC and PHS. Mr. Richter then appealed.