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New Mexico

  • SOL for Medical Malpractice Claims (Minor Plaintiffs): 9 years
  • SOL for Medical Malpractice Claims (Parental Claims): 3 years
  • SOL for Wrongful Death Claims: 3 years

New Mexico Statute of Limitations for Medical Malpractice Claims (Minor Plaintiffs)

9 years: N.M. Stat. Ann. § 41-5-13: A minor under the full age of six years shall have until his ninth birthday in which to file.

New Mexico Statute of Limitations for Medical Malpractice Claims (Parental Claims)

3 years: N.M. Stat. Ann. § 41-5-13: No claim for malpractice arising out of an act of malpractice which occurred subsequent to the effective date of the Medical Malpractice Act [41-5-1 NMSA 1978] may be brought against a health care provider unless filed within three years after the date that the act of malpractice occurred.

New Mexico Medical Malpractice Claim Caps

N.M. Stat. Ann. § 41-5-6: A. Except for punitive damages and medical care and related benefits, the aggregate dollar amount recoverable by all persons for or arising from any injury or death to a patient as a result of malpractice shall not exceed six hundred thousand dollars ($600,000) per occurrence. In jury cases, the jury shall not be given any instructions dealing with this limitation. B. The value of accrued medical care and related benefits shall not be subject to the six hundred thousand dollar ($600,000) limitation. C. Monetary damages shall not be awarded for future medical expenses in malpractice claims. D. A health care provider’s personal liability is limited to two hundred thousand dollars ($200,000) for monetary damages and medical care and related benefits as provided in Section 41-5-7 NMSA 1978. Any amount due from a judgment or settlement in excess of two hundred thousand dollars ($200,000) shall be paid from the patient’s compensation fund, as provided in Section 41-5-25 NMSA 1978. E. For the purposes of Subsections A and B of this section, the six hundred thousand dollar ($600,000) aggregate amount recoverable by all persons for or arising from any injury or death to a patient as a result of malpractice shall apply only to malpractice occurring on or after April 1, 1995.

New Mexico Statute of Limitations for Wrongful Death Claims

3 years: N.M. Stat. Ann. § 41-5-13: No claim for malpractice arising out of an act of malpractice which occurred subsequent to the effective date of the Medical Malpractice Act [41-5-1 NMSA 1978] may be brought against a health care provider unless filed within three years after the date that the act of malpractice occurred.

New Mexico Wrongful Death Claim Caps

N.M. Stat. Ann. § 41-5-6: A. Except for punitive damages and medical care and related benefits, the aggregate dollar amount recoverable by all persons for or arising from any injury or death to a patient as a result of malpractice shall not exceed six hundred thousand dollars ($600,000) per occurrence. In jury cases, the jury shall not be given any instructions dealing with this limitation. B. The value of accrued medical care and related benefits shall not be subject to the six hundred thousand dollar ($600,000) limitation. C. Monetary damages shall not be awarded for future medical expenses in malpractice claims. D. A health care provider’s personal liability is limited to two hundred thousand dollars ($200,000) for monetary damages and medical care and related benefits as provided in Section 41-5-7 NMSA 1978. Any amount due from a judgment or settlement in excess of two hundred thousand dollars ($200,000) shall be paid from the patient’s compensation fund, as provided in Section 41-5-25 NMSA 1978. E. For the purposes of Subsections A and B of this section, the six hundred thousand dollar ($600,000) aggregate amount recoverable by all persons for or arising from any injury or death to a patient as a result of malpractice shall apply only to malpractice occurring on or after April 1, 1995.

The information presented on this website is not intended to be legal advice and does not constitute legal advice. The information presented on this site may not reflect the most current version of the law. Grant & Eisenhofer P.A is not responsible for any errors or omissions in the content of this site or for damages arising from the use or performance of this site under any circumstances. Each situation varies. Please contact an attorney if you believe you have a legal claim.

Discuss Your Potential Birth Injury Claim With Our Attorneys

If you or your child has suffered a birth injury due to medical malpractice or negligence, speak with our birth injury lawyers. We can answer your questions about the statute of limitations for birth injuries in your state.
Call us at (877) 262-9767 or contact us online to schedule a free consultation. We represent families nationwide and have offices in Chicago IL, Baltimore MD, New York NY, and Wilmington DE.