New Mexico 2025 Regular Session

New Mexico Senate Bill SB444 Compare Versions

Only one version of the bill is available at this time.

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28	28	SENATE BILL 444
29	29	57
30	30	TH LEGISLATURE
31	31	-
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33	33	STATE
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35	35	OF
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37	37	NEW
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39	39	MEXICO
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42	42	FIRST SESSION
43	43	,
44	44
45	45	2025
46	46	INTRODUCED BY
47	47	Pat Woods
48	48	AN ACT
49	49	RELATING TO MEDICAL MALPRACTICE; AMENDING THE MEDICAL
50	50	MALPRACTICE ACT TO PROVIDE FOR A JUDGE TO DETERMINE THE AMOUNT
51	51	OF PUNITIVE DAMAGES AWARDED TO A PLAINTIFF.
52	52	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
53	53	SECTION 1. Section 41-5-7 NMSA 1978 (being Laws 1992,
54	54	Chapter 33, Section 5, as amended) is amended to read:
55	55	"41-5-7. MEDICAL EXPENSES AND PUNITIVE DAMAGES.--
56	56	A. Awards of past and future medical care and
57	57	related benefits shall not be subject to the limitations of
58	58	recovery imposed in Section 41-5-6 NMSA 1978.
59	59	B. The health care provider shall be liable for all
60	60	medical care and related benefit payments until the total
61	61	payments made by or on behalf of it for monetary damages and
62	62	medical care and related benefits combined equals the health
63	63	.228910.1 underscored material = new
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90	90	care provider's personal liability limit as provided in
91	91	Subsection I of Section 41-5-6 NMSA 1978, after which the
92	92	payments shall be made by the fund.
93	93	C. Beginning January 1, 2027, any amounts due from
94	94	a judgment or settlement against a hospital or outpatient
95	95	health care facility shall not be paid from the fund if the
96	96	injury or death occurred after December 31, 2026.
97	97	D. This section shall not be construed to prevent a
98	98	patient and a health care provider from entering into a
99	99	settlement agreement whereby medical care and related benefits
100	100	shall be provided for a limited period of time only or to a
101	101	limited degree.
102	102	E. A judgment of punitive damages against a health
103	103	care provider shall be the personal liability of the health
104	104	care provider. Punitive damages shall not be paid from the
105	105	fund or from the proceeds of the health care provider's
106	106	insurance contract unless the contract expressly provides
107	107	coverage. Nothing in Section 41-5-6 NMSA 1978 precludes the
108	108	award of punitive damages to a patient. Nothing in this
109	109	subsection authorizes the imposition of liability for punitive
110	110	damages where that imposition would not be otherwise authorized
111	111	by law.
112	112	F. The amount of punitive damages against a health
113	113	care provider awarded to a plaintiff shall be determined by a
114	114	judge."
115	115	.228910.1
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