Recent New Mexico News
Report: To Bolster N.M.’s Medical Workforce, Reform Malpractice Law, Cut Red Tape
A full-on reform of New Mexico’s medical malpractice law, easing licensing and credentialing hurdles and expanding a loan repayment program for health professionals are all possible cures for what ails the state’s stubborn health care provider shortage, a Santa...
September 2023 Newsletter
Liability reform returns to Georgia legislative agenda New advocacy efforts in Georgia have elevated the importance of medical liability reform, adding it to a list of business and patient-focused priorities this legislative session. Nearly 20 years ago, the state...
NM Rural Hospitals Struggling to Find Insurance Coverage
Aug. 26—Because New Mexico is considered a plaintiff-friendly state with high payouts from medical malpractice lawsuits, rural hospital officials say they are struggling to find insurance coverage. One of the many hospitals across the state that is dealing with this...
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. |