Recent New Mexico News
Doctors warn malpractice changes could drive providers out of New Mexico
SOURCE: KOB 4 Barely a year after lawmakers slapped an emergency bandage on New Mexico’s revamped Medical Malpractice Act, doctors are again warning about a dire – if unintended – consequence. At the start of 2024, the cap for awards in malpractice lawsuits against...
September 2022 Newsletter
Venue shopping sprees to return to Pennsylvania The Pennsylvania Supreme Court has reversed a rule in place for two decades that maintained liability lawsuits should be filed in the jurisdiction where the alleged negligence occurred, inviting personal injury lawyers...
New Mexico’s self-inflicted doctor shortage
SOURCE: KWRG There is a life-or-death issue facing New Mexicans. It has been widely reported on in the media and is important to New Mexicans from all walks of life. Voters will have a lot to say about it this November. The issue is our shortage of medical...
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. |