The bill amends the New Mexico Medical Malpractice Act to allow reports from the New Mexico Medical Review Commission's panel to be admitted as evidence in court when defending against a plaintiff's claim for punitive damages. Specifically, if the panel determines that there is insufficient evidence of medical malpractice, their report can be used in legal proceedings. This change aims to provide a mechanism for health care providers to defend themselves against punitive damage claims based on the panel's findings.
Additionally, the bill introduces several definitions and clarifications regarding health care providers, hospitals, and outpatient facilities, including the insertion of terms such as "corporation," "organization," and "facility" to broaden the definition of health care providers. It also specifies that the panel's deliberations remain confidential and outlines the process for their decision-making. Notably, the report of the panel will not be admissible in court unless the panel votes negatively on the questions of malpractice and injury, at which point it can be used to defend against punitive damages.
Statutes affected: introduced version: 41-5-3, 41-5-20