SENATE MEMORIAL 20

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Leonard Lee Rawson

A MEMORIAL

REQUESTING THAT THE CONGRESSIONAL DELEGATION OF THE STATE OF NEW MEXICO SUPPORT THE PRESIDENT OF THE UNITED STATES' MEDICAL MALPRACTICE REFORM.

     WHEREAS, a fair and efficient legal system that is free from frivolous and abusive litigation is necessary for a vibrant economy and for access to affordable health care; and

     WHEREAS, rapidly increasing medical malpractice awards are driving up malpractice insurance premiums, reducing access to health care and fueling the rapid growth in health care costs; and

     WHEREAS, frivolous and abusive medical lawsuits lead to hospital closings, doctors refusing to see new patients and, in some cases, doctors leaving the state; and

     WHEREAS, a reasonable cap on damage awards protects patients from rising costs of and diminishing access to health care; and

     WHEREAS, victims who suffer losses, not victims' attorneys, should receive the largest share of damage awards; and

     WHEREAS, medical malpractice reforms that enact caps on damage awards, allow for the inclusion of collateral source payments in jury considerations and impose time limits on the filing of lawsuits will enhance access to health care, lower medical insurance premiums and lower the cost of health care;

     NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that the New Mexico congressional delegation be requested to support the president of the United States' medical malpractice liability reform; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to all members of the New Mexico congressional delegation.

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