Once again, lawmakers are debating changes to the state’s medical malpractice laws. New Mexico does not cap medical expenses for malpractice and lawmakers raised limits on payouts for non-economic damages in 2021. This session, House Bill 99, will take aim at one area yet to be addressed: punitive damages, or the damages awarded based solely on punishing egregious behavior or gross malpractice.
While punitive damage awards are rare, attorneys often include them in lawsuits. Supporters of malpractice reform point to the threat of unlimited punitive damages are driving up malpractice insurance, making it too expensive for doctors and even advanced nurses to practice medicine in New Mexico. House Bill 99 seeks to cap punitive damages and requires a higher burden of proof, what’s referred to as “clear and convincing” evidence. But opponents push back, raising concerns about patient rights and the growing role of private equity in hospital systems.
On the next Let’s Talk New Mexico, we’ll speak with the bill’s sponsors, health care workers, and opponents. How should New Mexico balance access to care with accountability? Have you or someone you love been affected by medical malpractice? Email us at letstalk@kunm.org, leave a voice message by clicking the button below, or call in live Thursday morning at 8.
