The bill amends Section 41-5-7 of the New Mexico Medical Malpractice Act to prohibit punitive damage awards in medical malpractice cases. Specifically, it removes the previous provision that allowed for punitive damages against health care providers and establishes that punitive damages or any other exemplary damages shall not be awarded in malpractice claims. This change is intended to limit the financial liability of health care providers in such cases.

Additionally, the bill introduces a new provision stating that, beginning January 1, 2027, any amounts due from a judgment or settlement against a hospital or outpatient health care facility will not be paid from the fund if the injury or death occurred after December 31, 2026. This amendment aims to clarify the liability of health care providers and the conditions under which the fund will cover damages, reinforcing the prohibition on punitive damages in medical malpractice cases.

Statutes affected:
introduced version: 41-5-7