Recent New Mexico News
February 2025 Newsletter
Arkansas liability bill heads to Governor's desk Arkansas patients are one step closer to a healthier liability system that works for them and their physicians, as critical reforms are pending the governor’s signature. House Bill 1204, which narrowly passed the state...
Liability reforms can help doctor drought in New Mexico
In a largely rural state defined by long distances to health care, the loss of 248 doctors across New Mexico in recent years means that patients face longer wait times and further travel to access the care they need. Moreover, “New Mexico was the only state to lose...
September 2024 Newsletter
Liability, workforce changes needed to reach rural New Mexico patients A recent policy report from Think New Mexico lays out an ambitious roadmap to tackle the state's health care workforce shortages, focused on improving access to care and reducing meritless...
Current Medical Liability Laws
| Damage Caps | In 2024, a $5 million cap on total damages for hospitals, (excluding punitive damages (PD) and past and future medical care). In 2024, the cap for independent outpatient facilities is $1m. For independent physicians, the cap in 2023 was 750k and it is adjusted annually per CPI. Any award in excess of these caps shall be paid by the patient compensation fund. |
| Joint Liability Reform | Yes. Defendants are responsible only for their proportionate share of negligence except in cases where defendant intended to inflict injury, strict liability, vicarious liability or situations “having a sound basis in public policy.” N.M. Stat. § 41-3A- 1. Lewis v. Sampson, 35 P.3d 972 (N.M. 2001) (first of successive tortfeasors); Saiz v. Belen School Dist., 827 P.2d 102 (N.M.1992) (inherently dangerous activities). |
| Collateral Source Reform | Collateral Source Rule applies. Sunnyland Farms, Inc. v. Central N.M. Elec. Co-op., Inc., 301 P.3d 387 (N.M. 2013). |
| Attorney Fees Limited | No |
| Periodic Payments Permitted | Yes. Future medical expenses are paid as they are incurred by claimant. |