Recent New Mexico News

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April 2023 Newsletter

Patient protection: Good Samaritan legislation introduced in Congress The Good Samaritan Health Professionals Act of 2023 was re-introduced in the House of Representatives this month, to close the gap in available medical coverage during federally declared disasters...

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February 2023 Newsletter

Iowa Governor Prescribes Relief Through Liability Reform Iowa Governor Kim Reynolds offered patients and physicians monumental relief from the state’s challenging medical liability system by recently signing long-awaited reforms into law. The new legislation places...

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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.