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 by the judiciary rather than through other means.

Additionally, the bill maintains existing provisions regarding medical expenses and the liability of health care providers, including stipulations about the payment of damages and the limitations on recovery. 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 contract. Overall, the bill seeks to enhance the legal framework surrounding medical malpractice claims by providing a clearer process for punitive damages.

Statutes affected:
introduced version: 41-5-7