Articles Posted in New Mexico

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Under New Mexico law, anyone who has been the victim of sexual abuse or assault can file a civil lawsuit against not just the person who abused them but also against churches, schools, or other third parties who negligently enabled the abuse to happen. This post will look at the basic elements of a sex abuse lawsuit in New Mexico. We will also analyze the potential settlement value of New Mexico sex abuse lawsuits.

What Constitutes Sexual Abuse in New Mexico

Under New Mexico law, sexual abuse is defined as any non-consensual sexual touching or contact. Sexual contact is further defined as touching of a person’s intimate parts intentionally done for the purpose of sexual gratification or arousal.  Under this broad definition, anything from groping breasts at an office happy hour to forcible rape falls under the definition of sexual assault or abuse.

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Last week, in Siebert v. Okun, the New Mexico Supreme Court ruled that the state’s damages cap in medical malpractice cases was constitutional, concluding the law did not violate the right to a trial by jury. This ruling struck down the Bernalillo County District Court’s 2018 ruling on Siebert v. Okun.

New Mexico’s Medical Malpractice Act

The New Mexico legislature passed the Medical Malpractice Act in 1976. The law caps damages in medical malpractice cases at $600,000. It applies to lost wages and pain and suffering. The cap excludes punitive damages and compensation for medical and rehabilitative treatments.

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