New Mexico Statutes
N.M. Stat. § 24-7A-10 (2026)
Statutory damages.
✓ current as of May 2026
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A. A health-care provider or health-care institution that intentionally violates the
Uniform Health-Care Decisions Act is subject to liability to the aggrieved individual for
damages of five thousand dollars ($5,000) or actual damages resulting from the
violation, whichever is greater, plus reasonable attorney fees.
B. A person who intentionally falsifies, forges, conceals, defaces or obliterates an
individual's advance health-care directive or a revocation of an advance health-care
directive without the individual's consent or a person who coerces or fraudulently
induces an individual to give, revoke or not give or revoke an advance health-care
directive is subject to liability to that individual for damages of five thousand dollars
($5,000) or actual damages resulting from the action, whichever is greater, plus
reasonable attorney fees.
C. The damages provided in this section are in addition to other types of relief
available under other law, including civil and criminal law and law providing for
disciplinary procedures.
History: Laws 1995, ch. 182, § 10; 1997, ch. 168, § 6.
ANNOTATIONS
The 1997 amendment, effective July 1, 1997, inserted "health-care" preceding
"institution" in Subsection A; substituted "five thousand dollars ($5,000)" for "two
thousand five hundred dollars ($2,500)" in Subsections A and B; and made stylistic
changes.Notes of Decisions
Cited in 2
cases, 2016–2016 · leading case: Morris v. Brandenburg, 2016 NMSC 027 (N.M. 2016).
Morris v. Brandenburg, 2016 NMSC 027 (N.M. 2016). “See generally § 24-7A-10. For example, the UHCDA provides safeguards pertaining to the appointment of an agent to carry out a patient’s end-of-life directives, § 24-7A-2(A)-(E), end-of-life decisions for unemancipated minors, § 24-7A-6.”
Morris v. Brandenburg, 2016 NMSC 27 (N.M. 2016). “See generally § 24-7A-10. For example, the UHCDA provides safeguards pertaining to the appointment of an agent to carry out a patient’s end-of-life directives, § 24-7A-2(A)-(E), end-of-life decisions for unemancipated minors, § 24-7A-6.”
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