Bill > HB379

This bill modifies New Mexico's medical malpractice law regarding punitive damages, establishing stricter standards for awarding such damages in medical malpractice cases. Specifically, punitive damages can now only be awarded if the plaintiff provides "clear and convincing evidence" that the healthcare provider acted with "deliberate disregard for the rights or safety of others" - a high legal standard that requires more proof than typical civil cases. The bill also introduces a new cap on punitive damage awards, limiting them to no more than thirty times the state's median annual household income at the time of the award. The legislation specifies that punitive damages are the personal liability of the healthcare provider and cannot be paid from a state fund or insurance proceeds unless the insurance contract explicitly allows such coverage. This change aims to make punitive damage awards in medical malpractice cases more difficult to obtain and to place reasonable limits on the potential financial impact of such awards, while still preserving the ability to seek these damages in cases of egregious misconduct.

Health and Social Services

https://www.nmlegis.gov/Legislation/Legislation?chamber=H&legtype=B&legno=379&year=25