Recent New Mexico News
August 2022 Newsletter
Fixing the Ill Effects of New Mexico's Liability Changes While efforts in 2021 to modernize medical liability laws in New Mexico were well-intended, the aftereffects have left a gap in coverage for hospitals and outpatient health care facilities (OPHCFs) that requires...
January 2022 Newsletter
Brazen tax break sought in Build Back Better Personal injury attorneys are attempting to further line their pockets at the expense of patients by pushing for a tax break that encourages medical lawsuit abuse. Buried in the drafts of the Biden Administration’s Build...
New Mexico governor signs legislation on medical malpractice
SOURCE: KRQE SANTA FE, N.M. (AP) – Gov. Michelle Lujan Grisham has signed emergency legislation to tweak New Mexico’s new law on medical malpractice to head off a possible loss of insurance coverage for some health care providers. Lujan Grisham’s office said she...
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. |