Legislation to Reform Medical Malpractice Heads to House Floor
Creating a more welcoming climate for providers while protecting patient safety is part of the House Democrats’ platform to make healthcare more affordable and accessible in New Mexico
Santa Fe, N.M. – House Bill 99, which makes targeted changes to New Mexico’s medical malpractice laws to improve the climate for doctors and providers while protecting patient safety, passed the House Judiciary Committee unanimously tonight. The legislation now heads to the House Floor.
“Right now, too many doctors in New Mexico are worried about skyrocketing malpractice insurance premiums or the threat of a lawsuit derailing their life or career,” said HB 99 lead sponsor Rep. Christine Chandler (D-Los Alamos). “By bringing New Mexico’s medical malpractice policies more in-line with other states, we can make sure doctors know they are valued here, while continuing to protect patients’ ability to pursue justice and compensation when they are harmed by medical malpractice.”
In medical malpractice cases, a patient harmed by a medical error can sue the doctor or hospital to receive compensation for their injuries and related expenses, up to a maximum dollar amount established by the state of New Mexico. Currently, that maximum limit or “cap” for compensation is $6 million for hospitals and hospital-affiliated outpatient facilities.
In cases of extreme negligence or misconduct, patients may also pursue punitive damages against the provider or facility. While many other states cap these punitive damages, New Mexico does not. This bill would better align New Mexico’s malpractice laws with those in neighboring states.
HB 99 would establish caps on punitive damage rewards, raise the legal standard of proof needed to pursue them, and require that the initial claim be substantiated before a patient can pursue punitive damages. The House Judiciary Committee approved a substitute version of the bill that would allow higher caps for punitive damages awarded against hospitals owned by large corporations and lower caps for smaller and independent providers.
HB 99 has 26 bipartisan sponsors, including House Majority Whip Dayan Hochman-Vigil (D-Albuquerque) and Reps. Sarah Silva (D-Las Cruces), Doreen Gallegos (D-Las Cruces), and House Minority Leader Gail Armstrong (R-Magdalena).
“HB 99 is a balanced solution that protects patient safety, while helping improve the climate for medical providers in our state, so that we can recruit and retain the healthcare professionals we need to serve the people of New Mexico,” said House Majority Whip Hochman-Vigil (D-Albuquerque). “We have a comprehensive plan this session to lower healthcare costs for New Mexicans and expand access to care across our state. Medical malpractice reform is an important piece of the puzzle.”
House Democrats’ comprehensive agenda to expand access to affordable, quality healthcare this session includes legislation and investments to improve access to care, lower out-of-pocket healthcare costs, recruit and retain providers, and create a welcoming climate for healthcare professionals.
A select list of House Democrats’ key healthcare priorities is below.
The Roundhouse will be open to the public for the entirety of this year’s 30-day session. Members of the public can also view floor sessions and committee meetings on the New Mexico Legislature’s Webcasts tab, and provide comment via phone or Zoom as directed on the daily schedule.
Select Healthcare Priorities
A non-comprehensive list of healthcare investments and legislation introduced by House Democrats this session includes:
Lowering out-of-pocket healthcare costs by expanding the Healthcare Affordability Fund, allowing the state to continue keeping marketplace insurance premiums affordable for working families (HB 4, HB 2*)
Decreasing health insurance costs for public school teachers and staff, so they can keep more of their hard-earned money (HB 47)*
Growing a strong healthcare workforce by doubling the size of the UNM Medical School (HB 2)*
Creating a licensure pathway for qualified international physicians, improving the expedited licensure process for all providers coming to New Mexico, and expanding telehealth options (HB 127)*
Investing heavily in provider recruitment and retention (HB 68), including expanding the state’s loan repayment program and offsetting the cost of training for residents (HB 2*), and expanding the Rural Healthcare Practitioner Tax Credit (HB 142)
Making targeted changes to medical malpractice laws to improve the climate for doctors and providers (HB 99, HB 195, HB 15)
Creating a personal income tax credit for healthcare providers mentoring aspiring students in their field (HB 90)
Improving access to healthcare by joining interstate medical compacts
HB 10: Physician Assistant Interstate Compact*
HB 11: Audiology and Speech-Language Pathology Compact*
HB 12: Physical Therapy Licensure Compact*
HB 13: Occupational Therapy Licensure Compact*
HB 14: Dental and Dentist Hygienist Compact*
HB 31: EMS Personnel Licensure Interstate Compact*
HB 32: Counseling Licensure Compact*
HB 33: Psychology Interjurisdictional Compact*
HB 50: Social Work Licensure Interstate Compact*
SB 1: Interstate Medical Licensure Compact Act*
*Indicates legislation has passed the House
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