A new law signed by Gov. Michelle Lujan Grisham caps damages that victims of medical malpractice in New Mexico can receive from independent healthcare facilities. If this sounds familiar, it should. State legislators and Gov. Grisham did the same thing in 2022.
That time, a last-minute change to the state’s Medical Malpractice Act to limit damages paid by negligent hospitals to $4 million for the first year, then to rise each year until 2027, when the cap will be tied to the Consumer Price Index. A cap was also imposed on damages collectible from independent facilities (meaning, ones not majority-owned or -controlled by a hospital) at $750,000 for 2022 and ’23.
The 2023 version of malpractice caps
Now, a little more than a year later, a new amendment once again changes how much victims can be compensated, no matter how much they actually suffered in damages. The law now caps independent facility liability at $1 million, which will also be the cap on malpractice claims generally, though this figure will now be tied to the CPI too going forward.
Also, punitive damages are still allowed. Punitive damages are meant to punish doctors, hospitals and other malpractice defendants for especially egregious negligence. They are rarely awarded.
Don’t lose hope on justice after medical malpractice
Getting rightfully compensated for the harm you suffered could be more challenging, but justice is still possible after medical malpractice. The best way to make this happen is to find an experienced and reputable malpractice attorney.