Health Justice Transformation - New Mexico

The Center for Health Transformation closely follows and monitors health justice transformation efforts in all 50 states. The information listed below provides state-specific measures which have been adopted in each of the states. In order to assist key decision-makers and local leaders, we have provided detailed information on seven transformational areas commonly addressed in health justice transformation and civil justice reform legislation.

Caps on Non-Economic (Pain and Suffering) Damages

$600,000 cap on total damages, excluding punitive damages and past and future medical care. Healthcare providers personal liability shall not exceed $200,000, including payments for any future medical care. Any award in excess of $200,000 is paid by the patient compensation fund.

Joint Liability for Multiple Defendants

Yes. Defendants are only responsible for their proportional share of negligence, except in cases where the defendant intended to inflict injury, strict liability, vicarious liability or situations "having sound basis in public policy."

Disclosure or Discoverability of Collateral Sources of Income or other Insurance Benefit

No

Provisions for the Periodic Payment of Damages Over Time Fees

Yes. Future medical expenses are paid as they are incurred by plaintiff.

Limitation of Plaintiff’s Attorneys Fees

No

Provisions for Mandatory or Voluntary Arbitration and/or Mediation Procedures

Prior to filing a complaint alleging malpractice against a health care provider, claims must be reviewed by the state medical review commission, which shall decide whether the act or omission constituted negligence and whether there is reasonable medical probability that the patient was injured thereby. The commissioner's determination is nonbinding and not admissible.

Standards for Expert Testimony/Witness

Expert testimony is generally required unless the negligence is so apparent that a lay person could so comprehend.