Salopek v. Friedman

OPINION

KENNEDY, Chief Judge.

David J. Friedman, M.D. (Defendant) appeals from a $600,000 judgment against him for medical malpractice on three grounds: (1) the district court failed to properly instruct the jury on the scope of Defendant’s duty to Michael Salopek (Plaintiff), (2) the district court gave incorrect “eggshell plaintiff’ damages instructions, and (3) the district court erred in failing to order a new trial or remittitur. Plaintiff cross-appeals, contending that the statutory cap on damages in Section 41-5-6 of the Medical Malpractice Act (Act), NMSA 1978, §§ 41-5-1 to -29 (1976,…