The bill amends the Medical Malpractice Act in New Mexico to establish that the amount of punitive damages awarded to a plaintiff against a health care provider will be determined by a judge. This change aims to clarify the process for awarding punitive damages, ensuring that such determinations are made through judicial oversight rather than being left to jury discretion.

Additionally, the bill maintains existing provisions regarding medical expenses and the liability of health care providers. It specifies that punitive damages will remain the personal liability of the health care provider and will not be covered by the fund or insurance unless explicitly stated in the insurance contract. The bill also reinforces that patients and health care providers can enter into settlement agreements regarding medical care and related benefits.

Statutes affected:
introduced version: 41-5-7