2021 New Mexico Statutes
Chapter 41 - Torts
Article 5 - Medical Malpractice Act
Section 41-5-6 - Limitation of recovery. (Effective January 1, 2022.)
A. Except for punitive damages and past and future medical care and related benefits, the aggregate dollar amount recoverable by all persons for or arising from any injury or death to a patient as a result of malpractice shall not exceed six hundred thousand dollars ($600,000) per occurrence for malpractice claims brought against health care providers if the injury or death occurred prior to January 1, 2022. In jury cases, the jury shall not be given any instructions dealing with this limitation.
B. Except for punitive damages and past and future medical care and related benefits, the aggregate dollar amount recoverable by all persons for or arising from any injury or death to a patient as a result of malpractice shall not exceed seven hundred fifty thousand dollars ($750,000) per occurrence for malpractice claims against independent providers. The aggregate dollar amount includes payment to any person for any number of loss of consortium claims or other claims per occurrence that arise solely because of the injuries or death of the patient. In jury cases, the jury shall not be given any instructions dealing with this limitation. Beginning January 1, 2023, the per occurrence limit on recovery shall be adjusted annually by the consumer price index for all urban consumers.
C. Except for punitive damages and past and future medical care and related benefits, the aggregate dollar amount recoverable by all persons for or arising from an injury or death to a patient as a result of malpractice shall not exceed four million dollars ($4,000,000) per occurrence for claims brought against a hospital or outpatient health care facility if the injury or death occurred in calendar year 2022. The aggregate dollar amount includes payment to any person for any number of loss of consortium claims or other claims per occurrence that arise solely because of the injuries or death of the patient. In jury cases, the jury shall not be given any instructions dealing with this limitation.
D. Except for punitive damages and past and future medical care and related benefits, the aggregate dollar amount recoverable by all persons for or arising from an injury or death to a patient as a result of malpractice shall not exceed four million five hundred thousand dollars ($4,500,000) per occurrence for claims brought against a hospital or outpatient health care facility if the injury or death occurred in calendar year 2023. The aggregate dollar amount includes payment to any person for any number of loss of consortium claims or other claims per occurrence that arise solely because of the injuries or death of the patient. In jury cases, the jury shall not be given any instructions dealing with this limitation.
E. Except for punitive damages and past and future medical care and related benefits, the aggregate dollar amount recoverable by all persons for or arising from an injury or death to a patient as a result of malpractice shall not exceed five million dollars ($5,000,000) per occurrence for claims brought against a hospital or outpatient health care facility if the injury or death occurred in calendar year 2024. The aggregate dollar amount includes payment to any person for any number of loss of consortium claims or other claims per occurrence that arise solely because of the injuries or death of the patient. In jury cases, the jury shall not be given any instructions dealing with this limitation.
F. Except for punitive damages and past and future medical care and related benefits, the aggregate dollar amount recoverable by all persons for or arising from an injury or death to a patient as a result of malpractice shall not exceed five million five hundred thousand dollars ($5,500,000) per occurrence for claims brought against a hospital or outpatient health care facility if the injury or death occurred in calendar year 2025. The aggregate dollar amount includes payment to any person for any number of loss of consortium claims or other claims per occurrence that arise solely because of the injuries or death of the patient. In jury cases, the jury shall not be given any instructions dealing with this limitation.
G. Except for punitive damages and past and future medical care and related benefits, the aggregate dollar amount recoverable by all persons for or arising from an injury or death to a patient as a result of malpractice shall not exceed six million dollars ($6,000,000) per occurrence for claims brought against a hospital or outpatient health care facility if the injury or death occurred in 2026; provided that beginning January 1, 2027, the per occurrence limit shall be adjusted annually by the consumer price index for all urban consumers. The aggregate dollar amount includes payment to any person for any number of loss of consortium claims or other claims per occurrence that arise solely because of the injuries or death of the patient. In jury cases, the jury shall not be given any instructions dealing with this limitation.
H. The value of accrued medical care and related benefits shall not be subject to any limitation.
I. A health care provider's personal liability is limited to two hundred fifty thousand dollars ($250,000) for monetary damages and medical care and related benefits as provided in Section 41-5-7 NMSA 1978. Any amount due from a judgment or settlement in excess of two hundred fifty thousand dollars ($250,000) shall be paid from the fund except as provided in Subsection K of this section.
J. The term "occurrence" shall not be construed in such a way as to limit recovery to only one maximum statutory payment if separate acts or omissions cause additional or enhanced injury or harm as a result of the separate acts or omissions. A patient who suffers two or more distinct injuries as a result of two or more different acts or omissions that occur at different times by one or more health care providers is entitled to up to the maximum statutory recovery for each injury.
K. Until January 1, 2027, amounts due from a judgment or settlement against a hospital or outpatient health care facility in excess of seven hundred fifty thousand dollars ($750,000), excluding past and future medical expenses, shall be paid by the hospital or outpatient health care facility and not by the fund. Beginning January 1, 2027, amounts due from a judgment or settlement against a hospital or outpatient health care facility shall not be paid from the fund.
History: 1978 Comp., § 41-5-6, enacted by Laws 1992, ch. 33, § 4; 2021, ch. 16, § 3.
ANNOTATIONSThe 2021 amendment, effective January 1, 2022, raised the aggregate amount that can be recovered by a patient to seven hundred fifty thousand dollars per occurrence, provided that the aggregate dollar amount recoverable to a patient as a result of malpractice shall not exceed four million dollars per occurrence for claims brought against a hospital or outpatient health care facility if the injury or death occurred in calendar year 2022, four million five hundred thousand dollars if the injury or death occurred in 2023, five million dollars if the injury or death occurred in 2024, five million five hundred thousand dollars if the injury or death occurred in 2025, and six million dollars if the injury or death occurred in 2026, and that beginning in 2027, the per occurrence limit shall be adjusted annually by the consumer price index for all urban consumers, provided that the value of accrued medical care and related benefits are not subject to any limitation, removed a provision that provided that monetary damages may not be awarded for future medical expenses in malpractice claims, raised a health care provider's personal liability limit from two hundred thousand dollars to two hundred fifty thousand dollars, provided that these limits do not apply to punitive damages or to past and future medical care and related benefits, provided that until January 1, 2027, amounts due from a judgment or settlement against a hospital or outpatient health care facility in excess of seven hundred fifty thousand dollars are to be paid by the hospital or outpatient health care facility and not the patient's compensation fund, and that beginning January 1, 2027, amounts due from a judgment or settlement against a hospital or outpatient health care facility shall not be paid from the patient's compensation fund; in Subsection A, after "punitive damages and", added "past and future", and after "per occurrence", added "for malpractice claims brought against health care providers if the injury or death occurred prior to January 1, 2022"; added new Subsections B through G and redesignated former Subsection B as Subsection H; in Subsection H, after "subject to", deleted "the six hundred thousand dollar ($600,000)" and added "any"; deleted former Subsection C, which provided "Monetary damages shall not be awarded for future medical expenses in malpractice claims.", and redesignated former Subsection D as Subsection I; in Subsection I, after "limited to", changed "two hundred thousand dollars ($200,000)" to "two hundred fifty thousand dollars ($250,000)", after "in excess of", changed "two hundred thousand dollars ($200,000)" to "two hundred fifty thousand dollars ($250,000)", after "shall be paid from the", deleted "patient's compensation", and after "fund", deleted "as provided in Section 41-5-25 NMSA 1978" and added "except as provided in Subsection K of this section"; deleted former Subsection E; and added Subsections J and K.
