Montgomery & Andrews

The firm has a state-wide practice in the defense of hospitals and clinics and their employed physicians, nurses, and technicians in medical malpractice litigation.  The firm is particularly experienced in the defense of hospitals and their employed providers in non-urban communities.  In addition to its non-urban health care practice, the firm also represents tertiary care centers such as the University of New Mexico Hospital in Albuquerque. 

As an increasing number of physicians become employees of the hospitals in which they exercise privileges to practice medicine, the challenges of facilitating the relationship of hospital and provider in the context of jointly defended medical malpractice litigation also increases.  And, because New Mexico law allows for the recovery of the value of life itself in wrongful death actions where there are no caps on recoverable damages against private hospitals (hospitals’ qualification under the New Mexico Medical Malpractice Act has been prohibitively expensive), the financial stakes are high.  So too are the reputational stakes of the hospitals and their providers who have invested tremendous time, effort, and money into their profession.

The firm therefore strives to provide a vigorous defense for its health care clients, including a comprehensive exploration and in-depth understanding of the hospital, medical, and nursing topics at issue, defense of the hospitals’ peer review documents under the New Mexico Review Organization Immunity Act, and the engagement of top professionals as expert witnesses to defend the care in question.  Private physicians are frequently co-defendants, and so Montgomery & Andrews is familiar with the lawyers, insurers and issues for private physicians in New Mexico, and the administrators of the New Mexico Patient’s Compensation Fund.

It is our privilege to represent our health care clients such as Alta Vista Regional Hospital, Las Vegas (54 beds; Community Health Systems, Inc.); Plains Regional Medical Center, Clovis (106 beds; Presbyterian Healthcare Services); Dan C Trigg Memorial Hospital, Tucumcari (25 beds; Presbyterian Healthcare Services); Renal Care Group South New Mexico, LLC (chronic dialysis); Renal Care Group, Inc. (chronic and acute dialysis through its subsidiaries); Fresenius Health Care North America (dialysis); Union County General Hospital, Clayton (25 bed acute care hospital); University of New Mexico Hospital, Albuquerque (tertiary care facility; State of New Mexico); Presbyterian Kaseman Hospital, Albuquerque (Presbyterian Healthcare Services); Miners’ Colfax Hospital, Raton (33 beds; State of New Mexico) and New Mexico Behavioral Health Institute, Las Vegas (psychiatric center; State of New Mexico).