Bill > SB444

This bill amends the New Mexico Medical Malpractice Act to modify how punitive damages are determined in medical malpractice cases. Specifically, the bill adds a new provision that requires a judge, rather than a jury, to determine the amount of punitive damages that can be awarded to a plaintiff in a medical malpractice lawsuit. The bill maintains existing provisions that specify punitive damages are the personal liability of the health care provider and cannot be paid from a medical malpractice fund or insurance unless the insurance contract explicitly provides such coverage. The change is part of a broader set of regulations governing medical malpractice claims in New Mexico, which include limitations on liability and provisions for medical expenses. The new requirement that a judge determine punitive damages may be intended to provide a more systematic and potentially more restrained approach to assessing monetary penalties against health care providers in medical malpractice cases.

Health and Social Services

https://www.nmlegis.gov/Legislation/Legislation?chamber=S&legtype=B&legno=444&year=25