Recent New Mexico News
July 2016 Newsletter
New Mexico Legislators Find Solutions to Out-of-State Liability Concerns Patients in New Mexico who seek treatment from neighboring states now have more assurance that care will available to them without physicians feeling threatened by out-of-state liability laws....
New law will limit lawsuits on Texas doctors
A medical malpractice lawsuit filed by a New Mexico patient against a Texas doctor could have disrupted care for patients throughout the state, said state Rep. Terry McMillan, R-Las Cruces. Legislation sponsored by McMillan that takes effect Friday will temporarily...
Editorial: Subjecting out-of-state M.D.s to NM law risky
A medical malpractice lawsuit filed in Albuquerque by a Curry County woman who had gastric bypass surgery in 2004 at the Texas Tech University Health Sciences Center in Lubbock has sent a thorny question to the New Mexico Supreme Court. While it would seem reasonable...
Current Medical Liability Laws
| Damage Caps | $600,000 cap on total damages, excluding punitive damages and past and future medical care. Health care providers personal liability shall not exceed $200,000, including payments for future medical expenses. Any award in excess of this amount shall be paid by the patient compensation fund. (1992) |
| 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.” |
| Collateral Source Reform | No |
| Attorney Fees Limited | No |
| Periodic Payments Permitted | Yes. Future medical expenses are paid as they are incurred by claimant. |