The bill amends the Medical Malpractice Act in New Mexico by redefining the term "occurrence" to encompass claims for damages from all persons arising from harm to a single patient, regardless of the number of health care providers or errors involved. Additionally, it limits the aggregate amount recoverable for malpractice claims to $600,000 per occurrence, excluding punitive damages and past and future medical care. The bill also establishes that payments from the patient's compensation fund for medical care and related benefits will be made as expenses are incurred.
Furthermore, the bill modifies the personal liability limits for health care providers, reducing the cap from $250,000 to $200,000 for monetary damages and medical care. It specifies that any amounts exceeding this limit will be covered by the compensation fund. The legislation also clarifies that awards for past and future medical care are not subject to the limitations imposed on recovery, and it ensures that punitive damages remain the personal liability of the health care provider, not covered by the fund unless explicitly stated in their insurance contract.
Statutes affected: introduced version: 41-5-3, 41-5-6, 41-5-7