Recent New Mexico News
New Mexico damage cap increase threatens patient care access
SOURCE: Las Cruces Sun News New Mexico ranks 48th out of 50 states for access to healthcare. Various factors restrict New Mexicans’ access to care, including the rural nature of much of the state, an aging patient population needing more appointments, a large portion...
February 2019 Newsletter
PA Supreme Court avoids rush to judgement on liability rule changes The Pennsylvania Supreme Court announced it would delay a proposal that could encourage medical lawsuit abuse across the state. At issue is a proposed rule change that would allow lawsuits to be filed...
NM faces hurdles recruiting doctors
SOURCE: Albuquerque Journal An “exciting opportunity” for a neurosurgeon awaits at the San Juan Regional Medical Center, according to an online hospital help wanted ad. Unfortunately, the vacancy has been open for at least 18 months despite the eye-popping base salary...
Current Medical Liability Laws
| Damage Caps | $600,000 cap on total damages, excluding punitive damages and past and future medical care. Health care providers personal liability shall not exceed $200,000, including payments for future medical expenses. Any award in excess of this amount shall be paid by the patient compensation fund. (1992) |
| 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.” |
| Collateral Source Reform | No |
| Attorney Fees Limited | No |
| Periodic Payments Permitted | Yes. Future medical expenses are paid as they are incurred by claimant. |