New Mexico governor caps medical malpractice damages for independent ASCs

New Mexico Gov. Michelle Lujan Grisham has signed the Medical Malpractice Act into law, capping malpractice claims at $1 million for independent healthcare facilities, including ASCs, urgent care centers and free-standing emergency rooms, according to an April 7 report from ABC affiliate KOAT. 

Previously, the cap in New Mexico was $5 million. Damages recoverable from the injury or death of a patient as a result of malpractice will not exceed $1 million, except for punitive damages, according to the report. 

The cap will be adjusted annually based on the average consumer index from the previous three years, and will begin in calendar year 2024, according to a March press release from Ms. Grisham's office. 

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