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A MEMORIAL

REQUESTING A STUDY OF THE EFFECTS OF REVISING THE LIMITATION

OF RECOVERY IN THE MEDICAL MALPRACTICE ACT.

WHEREAS, the Medical Malpractice Act, in order to

promote the health and welfare of the people of New Mexico by

making available professional liability insurance for health

care providers in New Mexico, provides for a limitation of the

recovery available to persons that have been harmed by the

negligence of health care providers qualifying under that act;

and

WHEREAS, the limitation of recovery has not been revised

since 1995; and

WHEREAS, the purchasing power of the limitation of

recovery has steadily declined since 1995; and

WHEREAS, the existence, size and structure of the

limitation of recovery have an effect on medically injured

patients and on health care providers covered under the

Medical Malpractice Act; and

WHEREAS, New Mexico needs to balance the goal of

providing full and fair compensation to medically injured

patients with the goal of attracting and retaining skilled

health care providers in New Mexico; and

WHEREAS, improvements in the safe delivery of health

care to New Mexicans is of paramount importance;

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NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF

REPRESENTATIVES OF THE STATE OF NEW MEXICO that a liaison

committee composed of three members of the New Mexico medical

society, three members of the New Mexico trial lawyers

association, the superintendent of insurance and a member of

the house of representatives appointed by the speaker of the

house study the merits and effects of revising the limitation

of recovery for malpractice claims under the Medical

Malpractice Act; and

BE IT FURTHER RESOLVED that the liaison committee report

its findings and recommendations to the legislative health and

human services committee, the legislative courts, corrections

and justice committee, the legislative finance committee, the

department of health and the office of the governor; and

BE IT FURTHER RESOLVED that a copy of this memorial be

transmitted to the insurance division of the public regulation

commission.