A Rio Rancho man walked into Presbyterian Rust Medical Center in Albuquerque, New Mexico, for what should have been a routine back surgery. He walked out with permanent brain damage and a lifetime of suffering. Now, after a grueling six-year legal battle, a jury has awarded him an astonishing $400 million in damages—one of the largest medical malpractice verdicts in New Mexico history.
But behind the staggering dollar figure is a story of negligence, a broken healthcare system, and a fight for justice that highlights why victims of medical malpractice must take action to protect their rights.
What Happened in the Operating Room?
In 2017, the patient underwent spinal surgery at Presbyterian Rust Medical Center under the care of Dr. Karl Gjertson, an orthopedic surgeon. The procedure itself was standard, but according to court documents, Dr. Gjertson failed to monitor the patient’s blood pressure during the operation—an omission that proved catastrophic.
Blood pressure monitoring is critical in surgery. If it drops too low for an extended period, the brain is deprived of oxygen, leading to irreversible brain damage. This is precisely what happened to the patient, according to the lawsuit. Instead of a successful recovery, he suffered severe neurological impairment, leaving him unable to care for himself.
His family was left with no explanation—only the devastating reality that their loved one would never be the same again.
A Hard-Fought Legal Battle
Determined to uncover the truth, the victim’s family hired medical malpractice attorney Randi McGinn, one of New Mexico’s top trial lawyers, to take on Presbyterian Healthcare Services.
The hospital and Dr. Gjertson denied responsibility. They refused to admit any wrongdoing, forcing the family into a long and difficult legal battle.
During the trial, jurors heard compelling evidence about the preventable nature of the injury. Medical experts testified that had Dr. Gjertson followed basic medical protocols, the patient would have fully recovered. Instead, negligence left him permanently disabled.
“This verdict should serve as a wake-up call to hospitals and doctors across New Mexico,” McGinn said in a statement. “Patients trust their doctors with their lives. That trust was betrayed here.” (Source: KOB News)
The Jury’s Landmark Verdict
The Bernalillo County jury agreed that Presbyterian Healthcare Services and Dr. Gjertson were liable for the patient’s brain damage. Their response? A $400 million verdict.
While Presbyterian Healthcare Services has already stated they will appeal the decision, legal experts say overturning a jury verdict of this magnitude will be an uphill battle.
For the victim and his family, the verdict is a small measure of justice—though no amount of money can undo the damage.
What You Need to Know About Medical Malpractice in New Mexico
Most people trust their doctors, assuming that if something goes wrong, it was an unfortunate accident. But as this case shows, some medical errors are preventable—and when they are, patients have legal rights.
If you or a loved one has suffered because of a doctor’s negligence, knowing your options is critical. Here’s what you need to know:
1. What Qualifies as Medical Malpractice?
Not every bad outcome means medical malpractice occurred. To have a strong case, you must prove:
- A doctor-patient relationship existed (the doctor was responsible for your care).
- The doctor was negligent, meaning they failed to meet the standard of care.
- The negligence caused significant harm—not just a minor mistake, but one that led to long-term injury or death.
2. How to Start a Medical Malpractice Claim in New Mexico
If you suspect you or a loved one is a victim of medical negligence, here’s what to do:
✅ Request your medical records – A medical malpractice attorney will need to review them.
✅ Get a second opinion – If another doctor believes you were harmed by negligence, it strengthens your case.
✅ Consult a medical malpractice lawyer – These cases require extensive legal and medical knowledge.
3. Questions to Ask a Medical Malpractice Attorney
When consulting a medical malpractice lawyer, be sure to ask:
- Have you handled cases like mine before?
- What experts will you bring in to review my case?
- What challenges do you foresee in proving negligence?
- How do you charge for your services? (Most medical malpractice attorneys work on contingency, meaning they only get paid if you win.)
4. What to Expect in a Medical Malpractice Lawsuit
Medical malpractice lawsuits are complex and take time. Here’s a general timeline:
📝 Case Review: Your medical malpractice lawyer will investigate your claim, gathering records and expert testimony.
⚖️ Filing the Lawsuit: Once evidence is compiled, your attorney will officially file the claim.
📑 Discovery Phase: Both sides exchange evidence and take depositions.
💰 Settlement Talks: Many hospitals and insurance companies will try to settle before trial.
🏛️ Trial: If no settlement is reached, the case goes to court—where a jury decides.
5. How Much Are Medical Malpractice Settlements in New Mexico?
While this $400 million verdict is exceptionally rare, medical malpractice settlements can range from thousands to millions, depending on:
- The severity of the injury.
- The doctor’s level of negligence.
- Whether there are damage caps in place (New Mexico has a cap on non-economic damages, but punitive damages are unlimited).
Final Thought: Protect Yourself from Medical Negligence
This case is a stark reminder that medical errors can have life-changing consequences. If you or a loved one has suffered due to a doctor’s mistake, don’t ignore it. Trust your instincts and take action.
✅ Consult an experienced medical malpractice attorney
✅ Gather evidence and document every detail
✅ Fight for your rights—just like this Rio Rancho family did
While no amount of money can undo the damage of a preventable medical error, holding doctors and hospitals accountable can prevent future tragedies and ensure justice is served.
For more details on the case, read the original coverage from KOB News.