United States Tenth Circuit

In wrongful death action, the district court erred: 1) in concluding that New Mexico's $600,000 statutory cap on medical malpractice recoveries did not apply to plaintiffs' suit; 2) in failing to calculate the government's liability on the basis of New Mexico's "loss of chance" approach; and, 3) in concluding that the Estate's claim for wrongful death was timely filed.

Appellate Information

• Decided 10/24/2002
• Published 10/24/2002

Judges

• EBEL, Circuit Judge., Before EBEL, McKAY and BRISCOE, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• William G. Cole, Attorney, Appellate Staff, Civil Division, Department of Justice, Washington, DC (Robert S. Greenspan, Attorney, Appellate Staff, Civil Division, Department of Justice, Washington, DC, Robert D. McCallum, Jr., Assistant Attorney General, and David C. Iglesias, United States Attorney, with him on the briefs), for Defendant-Appellant., James P. Lyle, Law Offices of James P. Lyle, P.C., Albuquerque, NM (Turner W. Branch, Branch Law Firm, Albuquerque, NM, with him on the brief), for Plaintiffs-Appellees.