New Mexico Statutes Chapter 41. Torts § 41-5-7.1. Punitive damages

A. Punitive damages may only be awarded in a malpractice claim if the prevailing party provides clear and convincing evidence demonstrating that the acts of the health care provider were malicious, willful, wanton, reckless, fraudulent or in bad faith.

B. A judgment of punitive damages against any of the following persons shall not be in an amount greater than the applicable limitation on monetary damages provided in Section 41-5-6 NMSA 1978:

C. Except as provided in Subsection B of this section, a judgment of punitive damages against a hospital or hospital-controlled outpatient health care facility shall not be in an amount greater than two and one-half times the applicable limitation on monetary damages provided in Section 41-5-6 NMSA 1978.

D. A judgment of punitive damages against a health care provider shall not be paid from the fund.

E. The initial claim for relief in a malpractice claim shall not include punitive damages.  A claim for punitive damages may be asserted by amendment to the pleadings only after the plaintiff has presented sufficient evidence to the court that it is more likely than not that the claim has a triable issue after substantial completion of discovery.  If the court allows amendment to the complaint pursuant to this subsection, the court, in its discretion, may permit additional discovery on the question of punitive damages.