Recent New Mexico News
Governor signs tweak to medical malpractice reform bill
SOURCE: Office of the Governor Michelle Lujan Grisham (D-NM) SANTA FE – Gov. Michelle Lujan Grisham on Wednesday signed House Bill 11, which ensures that independent health care providers can continue providing the care that New Mexicans need by clarifying statutory...
December 2021 Newsletter
West Virginia liability laws withstand challenge In West Virginia, the state Supreme Court of Appeals recently ruled that the landmark Medical Professional Liability Act (MPLA) applies broadly to all services related to patient care, eliminating an attempt to...
Medical malpractice bill advances in Senate
SOURCE: Albuquerque Journal SANTA FE – Emergency legislation that would update New Mexico’s new medical malpractice law to prevent an interruption in health care delivery in 15 days moved closer to passage Thursday at the Roundhouse. Members of the Senate Judiciary...
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. |