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Senate Judiciary Hears Packed Testimony on House Bill 99, a Medical‑Malpractice Reform
Summary
Senate Judiciary heard hours of testimony for and against House Bill 99, a substitute package that would change the definition of occurrence, limit when punitive damages are pled, raise the standard of proof for punitive awards, and impose caps/multipliers; senators flagged constitutional and Patient Compensation Fund solvency concerns and a multi‑part amendment package was introduced for further work.
Representative Chandler, sponsor of the judiciary substitute for House Bill 99, opened the Senate Judiciary hearing by telling the committee the goal of the bill is to reduce litigation-driven pressure on the state’s physician workforce and to make New Mexico more competitive with neighboring states.
"I started looking at other states and realize that our law is much out of line," Chandler said in presenting the measure and described changes including a new occurrence definition, a pleading rule that delays punitive damages until after substantial discovery, a higher standard of proof for punitive awards, and caps that treat independent providers differently from hospitals. Chandler said an actuary had told him the bill could lower malpractice premiums and cited Colorado as one nearby example of a different approach.
Why it matters: sponsors and many business and medical groups said HB 99 is aimed at stabilizing access to care by reducing costs and legal exposure that, they contend, drive physicians out of the state. Opponents — including trial lawyers, patient advocates, and members of the Patient Compensation Fund advisory board —…
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