Recent New Mexico News
Court Rules Doctor Groups Covered by Liability Cap
Ruling says it’s the intent of Legislature Professional corporations formed by doctors are included under a $600,000 cap limiting the amount that can be awarded in medical malpractice cases, the New Mexico Supreme Court ruled this week. The ruling, which expands the...
Tort reform challenge threatens medical liability premiums
An appellate court examines the New Mexico law’s constitutionality and its $600,000 damages cap, but physicians are fighting back, fearing changes will drive up costs. New Mexico’s tort reform, which has been on the books since the mid-1970s, is facing legal...
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. |