This bill amends the Medical Malpractice Act in New Mexico, introducing several significant changes to the definitions and limitations surrounding medical malpractice claims. Key amendments include the expansion of the definition of "health care provider" to include corporations and organizations, as well as the introduction of new terms such as "independent outpatient health care facility." The bill also establishes a cap on damages recoverable in malpractice claims, limiting the aggregate amount to $600,000 per occurrence, while specifying that punitive damages can only be awarded under strict conditions, such as proving malice or willful intent. Additionally, it mandates that payments from the patient's compensation fund be made as expenses are incurred.

Furthermore, the bill imposes restrictions on attorney fees in malpractice cases, outlining a tiered structure based on the amount recovered. Attorneys are prohibited from charging contingency fees that exceed specified percentages of the recovery amount, ensuring that clients retain a larger portion of their awarded damages. The provisions of this act will apply to all medical malpractice claims arising on or after its effective date, thereby impacting future litigation and compensation structures within the state's healthcare system.

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