New Mexico Medical Malpractice Statute of Limitations

Medical malpractice occurs when a health care professional makes an error in judgment or fails to provide the proper standard of care, which results in further injury or death. The doctor might fail to diagnose a condition, fail to provide the appropriate treatment, or cause an unreasonable delay in treating an illness.  If you are the victim of malpractice, you have the right to seek compensation for additional medical bills, pain, and suffering.  Nevertheless, in the state of New Mexico, there is a 3-year limit placed on filing a claim.

Time Limits for Filing a Claim in NM

In the state of New Mexico, you have 3 years from the time the malpractice occurred that resulted in further injury or death of a family member.  You cannot wait until 10 years later and realize your current health situation stems back to a treatment or lack thereof.  The only exception is for children under the age of six.  They have until their ninth birthday to file a claim.

Negligence Laws

In New Mexico, if two defendants are found liable for the plaintiff’s injury or death, both are equally responsible for the damages.  If one is unable to pay, the other will be charged with the entire amount.  In addition, regular payments are stipulated to help with the payment of future medical care that may be required, due to malpractice.  For further information, consult the table below:

Award Limits in New Mexico

Award limits have been placed on malpractice claims in New Mexico.  The plaintiff has a cap of $600,000.  If more than $200,000 of that amount is attributed to one health care provider, the balance is paid via a patient’s compensation fund.  However, this cap does not include the value of accrued medical care and benefits.

Legal Help

Medical malpractice laws vary from state-to-state.  The issues can become very complicated, especially under circumstances of stress, pain, and loss.  Therefore, it is advisable to seek the services of a malpractice attorney, so you will receive the full amount of compensation the law will allow for your claim.