Recent Legal Decision in New Mexico affects Texas Physicians

June 1, 2015 Laura Hale Brockway

TMLT is monitoring a legal situation that could adversely affect Texas physicians. In a recent case, Montano v. Frezza, the Court of Appeals of the State of New Mexico ruled that a New Mexico resident who was treated in Texas by a Texas physician could file suit against that physician in New Mexico and the physician would be held to New Mexico law.

This affects Texas physicians because they would be judged under New Mexico laws, which do not offer the same protections as either the Texas Tort Claims Act, or tort reforms enacted in 2003 via House Bill 4.

TMLT is actively engaged in this issue, not only because it negatively affects many Texas physicians, but also because it could potentially close the door to medical care at the border between the two states. TMLT believes this decision is contrary to public policy that promotes greater access to health care. 

We need the help of as many health care professionals as possible. Make your voice heard by signing on to an amicus brief or by signing a letter to the court. To provide your feedback or learn more, please contact Jill McLain, Governmental Relations, at 512-425-5827 or at

About the Author

Laura Hale Brockway is the Assistant Vice President of Marketing at TMLT. She can be reached at

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