No ordinary cap, tiered caps for malpractice
New Mexico has no caps on damages except for malpractice and government claims. In 2021 House Bill 75 raised the cap for independent providers to $750,000 with annual CPI increases, and set hospital and outpatient limits that rise to $6 million in 2026. Past and future medical care sits outside the cap.
In March 2026, House Bill 99 added the first punitive damages caps for malpractice. Claims against the government are limited by NMSA 41-4-19.