Recent New Mexico News
June 2021 Newsletter
At Risk: Missouri's liability laws Missouri’s legislature and courts have long played a back and forth on the ability to enact reasonable limits on noneconomic damages, with current law in jeopardy of again being struck down as the state’s Supreme Court hears...
New Mexico’s highest court affirms cap on noneconomic damages
SOURCE: AMA New Mexico’s decades-long cap on what a plaintiff can be awarded in a medical liability case will remain intact thanks to a recent state supreme court ruling. The New Mexico Supreme Court said limiting what a plaintiff can be awarded for noneconomic...
June 2019 Newsletter
Lifting liability limits in New Mexico could take medical system from bad to worse Already ranking two spots from the bottom on access to health care when compared to all U.S. states, New Mexico patients now face another obstacle if personal injury attorneys have...
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. |