Medical Malpractice Changes
The implications of HB63 are significant, particularly concerning the liabilities of health care providers. Under the bill, the per occurrence limit on recovery for injuries or deaths caused by malpractice will be increased over a series of years, reaching $6 million by 2027. These changes are projected to impact the funding and management of the patient's compensation fund, which is employed to cover claims made against health care providers. By adjusting the limits of recoverability, the bill may have lasting effects on the financial dynamics of malpractice claims within the state, potentially reducing the risk for healthcare providers while raising concerns among patient advocates.
House Bill 63 focuses on medical malpractice in New Mexico, proposing several changes to the regulatory framework governing health care providers and their liabilities. The bill aims to restore specific definitions related to health care providers, removing the independent provider designation, and eliminating punitive damages for medical malpractice claims. Furthermore, it outlines new procedures for challenging judgments and establishes limitations on claims, including adjusting the aggregate amounts recoverable by individuals harmed by malpractice incidents, particularly concerning hospitals and outpatient facilities.
There are notable points of contention surrounding HB63, especially regarding the removal of punitive damages. Critics argue that eliminating these damages limits the accountability of healthcare providers and could lead to further negligence. The bill also removes various requirements, such as independent audits of the compensation fund and the necessity for a third-party administrator, raising questions about the fund's oversight and the care taken in resolving claims. Stakeholders, including patients and advocacy groups, may perceive these alterations as steps that ultimately diminish patient protections.