New Mexico Supreme Court Reverses the Court of Appeals and Allows Plaintiff's Vicarious-Liability Claim to Proceed to Trial
In a decision released in September, the New Mexico Supreme Court reversed a state Court of Appeals decision affirming the dismissal of a plaintiff's medical malpractice claim against a hospital resulting from the death of a patient. The plaintiff's lawsuit, filed on behalf of the deceased patient, claims that a radiologist employed by the defendant hospital failed to communicate the results of a radiology report to the patient's doctor, preventing the patient from being diagnosed with the colon cancer that later took his life.
This appeal focuses on the plaintiff's claim against the hospital where he was treated. The radiologist who allegedly failed to send the report to the man's doctor was a contract employee of the defendant hospital, but he wasn't directly employed by them. The district court made the decision, which was affirmed by the court of appeals, that the plaintiff failed to properly allege that the hospital was vicariously liable for the negligence of the radiologist.
The court ruled that the plaintiff's complaint failed to put the hospital on notice that it was being sued for the mistakes made by the radiologist, and it was therefore dismissed.