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New Mexico Medical Liability/Malpractice Statutes of Limitation
All states have set deadlines for when a patient may file a civil claim, known as statutes of limitation, for medical liability and malpractice claims. The majority of the states have special provisions regarding the time limits for minors to file medical liability and malpractice claims. Twenty-two states have special provisions regarding foreign objects.
N.M. Stat. Ann. §41-5-13 Three years from injury. Minors under the full age of 6: until their 9th birthday.
New Mexico Medical Liability/Medical Malpractice Laws
Damage Award Limit or Cap
§41-5-6. $600,000 total limit on all damages. The value of accrued medical care and related benefits shall not be subject to the $600,000 limitation. Monetary damages shall not be awarded for future medical expenses in malpractice claims. A health care provider's personal liability is limited to $200,000 for monetary damages and medical care and related benefits as provided in §41-5-7 NMSA 1978. Any amount due from a judgment or settlement in excess of $200,000 shall be paid from the patient's compensation fund.
§41-5-7. Awards of future medical care and related benefits shall not be subject to the $600,000 limitation imposed in §41-5-6.
Limits on Attorney Fees
§41-5-7. Payment for future medical care and related benefits shall be made as expenses are incurred. The health care provider shall be liable for all medical care and related benefit payments until the total payments made by or on behalf of it for monetary damages and medical care and related benefits combined equals $200,000, after which the payments shall be made by the patient's compensation fund.
Patient Compensation or Injury Fund
§41-5-25. Patient’s Compensation Fund. Superintendent has authority to purchase insurance for fund and its obligations. Health Care providers pay surcharge of insurance premiums into fund.
Medical or Peer Review Panels
No statute provided specific to medical liability/malpractice cases.