The bill amends the Medical Malpractice Act in New Mexico by redefining the term "occurrence" to encompass claims for damages arising from harm to a single patient, regardless of the number of health care providers involved or the errors contributing to the harm. Additionally, it establishes a cap on the aggregate amount recoverable for malpractice claims, limiting it to $600,000 per occurrence, excluding punitive damages and past and future medical care. The bill also modifies the personal liability limits for health care providers, reducing it from $250,000 to $200,000, and specifies that payments from the patient's compensation fund for medical care and related benefits will be made as expenses are incurred.

Furthermore, the bill clarifies that awards for past and future medical care are not subject to the limitations imposed on recovery amounts. It also stipulates that any punitive damages awarded against a health care provider will be their personal liability and cannot be covered by the fund unless explicitly stated in their insurance contract. The changes aim to streamline the process for medical malpractice claims while providing clearer definitions and limitations on recoveries.

Statutes affected:
introduced version: 41-5-3, 41-5-6, 41-5-7