Addressing concerns that New Mexico’s unlimited cap on punitive damages deters doctors from practicing in the state, Democrats in a key House committee pushed through a surprise compromise, of sorts, on Friday morning.
House Bill 99 emerged from the House Health and Human Services Committee with a cap on punitive damages for malpractice claims against individual doctors, but leaving in place the system whereby juries determine punitive damages claims against hospitals.
“While the bill isn’t perfect, we are very pleased to see protection for patients that are harmed by multi-billion-dollar corporations,” said Feliz Rael, President of the New Mexico Trial Lawyers Association.
State Rep. Alan Martinez, R-Bernalillo, warned that the last-minute amendment was unfair because Republicans and Democrats had agreed to the original bill text which was partially “gutted” by the amendment.
The bill next moves to the House Judiciary Committee and still must pass the full House and Senate before the session ends Feb. 19.
Punitive damages are, by their name, punishment for wrong activity. In all cases in law except this, punishment is always the purview of the state. Punitive damages, therefore, must only be awarded when prosecuted by the state, and paid to the state. In no other punishment case is the victim allowed to participate in any punishment.