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Bill > HB378


NM HB378

Medical Malpractice Act Changes


summary

Introduced
02/11/2025
In Committee
Crossed Over
Passed
Dead
03/22/2025

Introduced Session

2025 Regular Session

Bill Summary

AN ACT RELATING TO MEDICAL MALPRACTICE; AMENDING THE DEFINITION OF "OCCURRENCE" IN THE MEDICAL MALPRACTICE ACT; LIMITING THE AMOUNT OF DAMAGES THAT CAN BE AWARDED DUE TO A MEDICAL MALPRACTICE CLAIM; REQUIRING PAYMENTS FROM THE PATIENT'S COMPENSATION FUND TO BE MADE AS EXPENSES ARE INCURRED.

AI Summary

This bill modifies the Medical Malpractice Act by making several key changes to how medical malpractice claims are defined and handled in New Mexico. The bill redefines "occurrence" to mean all claims for damages arising from harm to a single patient, regardless of the number of healthcare providers or errors involved. It establishes a cap on damages of $600,000 per occurrence, limiting the aggregate amount that can be recovered (excluding punitive damages and medical expenses). The bill reduces a healthcare provider's personal liability from $250,000 to $200,000, with any additional amounts to be paid from the Patient's Compensation Fund. The legislation also introduces a new provision requiring payments from the fund for medical care and related benefits to be made as expenses are incurred. Additionally, the bill makes minor terminology changes, such as replacing the term "podiatrist" with "podiatric physician" throughout the text. The bill aims to provide clarity on medical malpractice claims, set consistent damage limitations, and establish more precise guidelines for compensation and liability in medical malpractice cases.

Committee Categories

Health and Social Services

Sponsors (3)

Last Action

Sent to HHHC - Referrals: HHHC/HJC (on 02/11/2025)

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