NM Medical Malpractice Act & Its Effects on Your Case

Established in 1976 was the New Mexico Medical Malpractice Act, making professional liability insurance available for healthcare providers in New Mexico. The state maintains that the Act promotes the health and welfare of the people of New Mexico through increased trust in the medical system—but ultimately, the Act provides healthcare providers with an added extent of security.

In over 45 years, the New Mexico Medical Malpractice Act remained the same, that was until a recent 2021 legislative session in which Governor Michelle Lujan Grisham signed the amended HB75 into law earlier this year. The amendments came after an emotional year, in which many families testified about losing a loved one to medical malpractice; but still, the thrice-amended law calls for additional coverage for more healthcare workers and increased damage caps, including:

  • An increase to $4 million, beginning in 2022, for damage caps for hospitals and outpatient facilities.
  • An increase to $750,000 for damage caps for independent physicians and other providers.
  • The addition of certified nursing practitioners, midwives, and other healthcare professionals into coverage under the act.

So, what exactly does this mean for you? Generally, the Act safeguards healthcare workers to some degree so that they can comfortably and confidently perform their jobs; thus, ensuring the medical field can recruit and sustain workers so that New Mexicans can have reliable access to healthcare when and where they need it. However, on the opposite side of the spectrum, the Act can hinder the opportunity for medical malpractice victims and their families to obtain justice. With increased covered and damage caps, providers who are involved in a medical malpractice case may be at an advantage in comparison to victims—but Whitener Law Firm seeks to change that.

For decades, we’ve dedicated ourselves to helping victims of medical malpractice seek the compensation and justice they deserve—a dedication in which the revisions in the New Mexico Medical Malpractice Act have no effect. If you’ve suffered at the hands of a medical professional or have lost a loved one due to medical negligence, we invite you to call us at (505) 883-RUSS and discover how we can help you.