New Mexico legislation · 2026 Regular Session
New Mexico SB175: MEDICAL MALPRACTICE PUNITIVE DAMAGES
Status: In committee, January 28, 2026
What the bill says
An act relating to judgments; prohibiting punitive damage awards in medical malpractice cases.
From the introduced text, January 28, 2026:
AN ACT RELATING TO JUDGMENTS; PROHIBITING PUNITIVE DAMAGE AWARDS IN MEDICAL MALPRACTICE CASES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: SECTION 1. Section 41-5-7 NMSA 1978 (being Laws 1992, Chapter 33, Section 5, as amended) is amended to read: "41-5-7. MEDICAL EXPENSES [AND PUNITIVE DAMAGES].-- A. Awards of past and future medical care and related benefits shall not be subject to the limitations of recovery imposed in Section 41-5-6 NMSA 1978. B. The health care provider shall be liable for all medical care and related benefit payments until the total payments made by or on behalf of it for monetary damages and medical care and related benefits combined equals the health care provider's personal liability limit as provided in .232702.1 wen = lairetam derocsrednu eteled = ]lairetam detekcarb[ Subsection I of Section 41-5-6 NMSA 1978, after which the payments shall be made by the fund. C. Beginning January 1, 2027, any amounts due from a judgment or settlement against a hospital or an outpatient health care facility shall not be paid from the fund if the injury or death occurred after December 31, 2026. D. This section shall not be construed to prevent a patient and a health care provider from entering into a settlement agreement whereby medical care and related benefits shall be provided …
Sponsors
- Craig W. Brandt (R, SD-040) · primary sponsor
- Nicole Tobiassen (R, SD-021)
- Wilson, Rex (R, 33)
- Steve D. Lanier (R, SD-002)
- Pat Woods (R, SD-007)
Latest actions
- : Sent to SCC - Referrals: SCC/SHPAC/SJC
- : Action Postponed Indefinitely
Subjects: INSURANCE, HEALTH & HEALTH FACILITIES
Common questions
- What is SB175?
- SB175 is a bill in the New Mexico Legislature (2026 Regular Session): MEDICAL MALPRACTICE PUNITIVE DAMAGES.
- What does SB175 do?
- In its own words: An act relating to judgments; prohibiting punitive damage awards in medical malpractice cases.
- What is the status of SB175?
- In committee as of January 28, 2026. Latest action: Sent to SCC - Referrals: SCC/SHPAC/SJC (January 28, 2026).
- Who sponsored SB175?
- Craig W. Brandt (R, SD-040), with 4 co-sponsors.
- Where is the official record for SB175?
- On the New Mexico Legislature website: https://www.nmlegis.gov/Legislation/Legislation?chamber=S&legType=B&legNo=175&year=26
Source: official New Mexico record. Tracked by Delilah, AI for legislation across all 50 states and Congress.