Bill > HB107

This bill amends the Medical Malpractice Act to revise definitions and impose new limitations on medical malpractice claims. Key changes include a reduction in a health care provider's personal liability for monetary damages and medical care to $200,000, with amounts exceeding this limit to be paid by the Patient's Compensation Fund (the "fund," a state-established fund to cover medical malpractice claims). Payments from the fund for medical care and related benefits will now be made as expenses are incurred, rather than in a lump sum. The bill also introduces stricter requirements for awarding punitive damages, mandating proof beyond a reasonable doubt of malice, willful intent to harm, or wanton disregard for safety, and limits the amount of punitive damages to three times the compensatory damages for hospitals and hospital-controlled facilities, or equal to compensatory damages for other providers. Furthermore, attorney contingency fees in malpractice claims are capped at a tiered percentage of the recovery, with lower percentages applied to larger recovery amounts, and amounts recovered from the fund will not count towards calculating these fees. These changes apply to all medical malpractice claims arising on or after the bill's effective date.

https://www.nmlegis.gov/Legislation/Legislation?chamber=H&legtype=B&legno=107&year=26