N.M. Stat. Ann. § 41-5-7
History: 1978 Comp., § 41-5-7, enacted by Laws 1992, ch. 33, § 5; 1992, ch. 33, § 6; 2021, ch. 16, § 4; 2026, ch. 44, § 4.
Repeals and reenactments. — Laws 1991, ch. 264, § 7 repealed former 41-5-7 NMSA 1978, as amended by Laws 1991, ch. 264, § 6, and enacted a new 41-5-7 NMSA 1978, effective July 1, 1992.
Laws 1992, ch. 33, § 5 repealed former 41-5-7 NMSA 1978, as amended by Laws 1991, ch. 264, § 6, and as enacted by Laws 1991, ch. 264, § 7, and enacted a new section, effective April 1, 1992.
The 2026 amendment, effective May 20, 2026, prohibited lump sum payments for the estimated costs of a plaintiff's future medical care and instead required that payments be made by the patient compensation fund for expenses incurred; in the section heading, after "Medical expenses" deleted "and punitive damages"; in Subsection B, after "provided in" deleted "Subsection I of"; deleted former Subsections C through E; and added a new Subsection C.
Applicability. — Laws 2026, ch. 44, § 8 provided that the provisions of Laws 2026, ch. 44 apply to all claims for medical malpractice that arise on or after May 20, 2026.
Severability. — Laws 2026, ch. 44, § 7 provided that if a provision of Laws 2026, ch. 44 or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of Laws 2026, ch. 44 that can be given effect without the invalid provision or application, and to this end the provisions of Laws 2026, ch. 44 are severable.
The 2021 amendment, effective January 1, 2022, provided that awards of past and future medical care and related benefits as a result of an act of malpractice are not subject to the limitations of recovery imposed in Section 41-5-6 NMSA 1978, and provided that beginning January 1, 2027, any 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 if the injury or death occurred after December 31, 2026; in the section heading, deleted "Future" and added "and punitive damages"; deleted former Subsections A and B, and redesignated former Subsection C as Subsection A; in Subsection A, after "Awards of", added "past and", and after "subject to the", deleted "six hundred thousand dollar ($600,000) limitation" and added "limitations of recovery"; deleted former Subsection D and redesignated former Subsection E as Subsection B; in Subsection B, after "combined equals", deleted "two hundred thousand dollars ($200,000)" and added "the health care provider's personal liability limit as provided in Subsection I of Section 41-5-6 NMSA 1978", and deleted "patient's compensation" preceding "fund"; added new a Subsection C and redesignated former Subsection F as Subsection D; deleted former Subsection G, which related to court findings on the estimated value of future medical care, and redesignated former Subsection H as Subsection E; and in Subsection E, deleted "patient's compensation" preceding "fund", and after "punitive damages", deleted "on a derivative basis".
The 1992 amendment, effective April 1, 1995, in Subsection C, substituted "six hundred thousand dollars ($600,000)" for "five hundred thousand dollar ($500,000)".
Lump sum payments for future medical expenses are prohibited (decided prior to 2021 amendment to the Medical Malpractice Act). — Where plaintiff and defendant settled a medical malpractice case, but where the superintendent of insurance declined to disburse the agreed amount from the patient's compensation fund because, in their view, the payment for lump sum future medical expenses, a term of the settlement, violated the Medical Malpractice Act, 41-5-1 NMSA 1978 to 41-5-29 NMSA 1978, and where the district court revoked its approval of the settlement agreement based on the superintendent's objections, the district court did not err in denying plaintiff's motion to enforce the settlement, because the plain language of 41-5-7(D) NMSA 1978 disallows payment of future medical expenses in a lump sum. Murphy v. Pediatrix Cardiology of N.M., P.C., 2026-NMCA-001, cert. granted.
Law reviews. — For article, "Medical Malpractice Legislation in New Mexico," see 7 N.M.L. Rev. 5 (1976-77).
Am. Jur. 2d, A.L.R. and C.J.S. references. — Validity of state statute providing for periodic payment of future damages in medical malpractice action, 41 A.L.R.4th 275.
Future disease or condition, or anxiety relating thereto, as element of recovery, 50 A.L.R.4th 13.