A bill revising New Mexico’s medical malpractice laws is on its way to Governor Michelle Lujan Grisham after passing the Senate Tuesday night. House Bill 99, which places limits on the amount of punitive damages juries can award in malpractice cases, was a key issue during the 30-day legislative session.
A Contentious Path to Passage
Proponents of the bill argue It’s a necessary step to address a severe shortage of doctors in the state. Opponents contend it will limit recourse for victims of medical malpractice without guaranteeing an increase in the number of healthcare providers. The Governor had stated she would call a special session if lawmakers failed to pass a substantial overhaul of the state’s medical malpractice law.
The Senate ultimately passed HB 99 by a vote of 40-2 after stripping amendments added by the Senate Judiciary Committee in a 25-17 vote. Senators Linda López, D-Albuquerque, and Shannon Pinto, D-Tohatchi, were the only senators to oppose the bill.
The Senate Judiciary Committee’s amendments had been the subject of debate, with some lawmakers accusing others of prioritizing the interests of trial lawyers. Senator Crystal Brantley, R-Elephant Butte, described the committee’s actions as a “hijacking.”
One amendment altered the definition of “occurrence,” potentially allowing multiple claims for a single incident of alleged malpractice. Another concerned how medical costs would be calculated in a claim. A third amendment addressed a tiered system for capping punitive damages based on the size of the hospital.
Several members of the Senate Judiciary Committee disclosed potential conflicts of interest due to their work as attorneys, including Senators Peter Wirth, D-Santa Fe, Joseph Cervantes, D-Las Cruces, and Katy Duhigg, D-Albuquerque. All four indicated they would vote on the bill despite their professional connections.
What’s Next?
With the Senate’s approval, HB 99 now heads to Governor Lujan Grisham’s desk. She has publicly supported the bill, so it is likely she will sign it into law. Although, if she were to veto the bill, the Legislature could potentially override the veto or convene a special session to reconsider the legislation.
Frequently Asked Questions
What does HB 99 do?
House Bill 99 puts caps on the amount of punitive damages juries can award in medical malpractice cases.
Why was this bill controversial?
Amendments added by the Senate Judiciary Committee sparked controversy, with accusations that they would undermine the bill’s goal of reducing insurance premiums.
Who opposed the bill?
Sens. Linda López and Shannon Pinto voted against the bill, and some argued it would limit recourse for malpractice victims.
Will this bill truly address the doctor shortage in New Mexico, or are other factors at play?
