New Mexico

Statute of Limitations

Medical Claim Generally:

“No claim for malpractice may be brought against a health care provider unless filed within three years after the date that the act of malpractice occurred” [NMSA § 41-5-13]

Minors:

“Except that the times limited for the bringing of actions by minors and incapacitated persons shall be extended so that they shall have one year from and after the age of majority or termination of incapacity within which to commence the actions.” [NMSA § 41-5-13]

If the patient is below age six, and if the malpractice occurred before their sixth birthday, the statute of limitations would toll until their ninth birthday. If a newborn infant was the victim of a healthcare professional’s negligence, the parents or guardians of the infant have nine years to file a medical malpractice lawsuit.

Wrongful death:

The wrongful death action “must be brought within three years after the cause of action accrues. The cause of action accrues as of the date of death.” [NMSA § 41-2-2]

Damage Caps

“Except for punitive damages and past and future 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 for malpractice claims brought against health care providers if the injury or death occurred prior to January 1, 2022. … Except for punitive damages and past and future 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 seven hundred fifty thousand dollars ($750,000) per occurrence for malpractice claims against independent providers; provided that, beginning January 1, 2023, the per occurrence limit on recovery shall be adjusted annually by the consumer price index for all urban consumers.” [NMSA § 41-5-6]

Attorney Fee   Caps

New Mexico currently has no attorney fee caps other than the general requirement of reasonableness [New Mexico Rules of Professional Conduct (NM RPC) 1.5]

Pre-suit Requirements

New Mexico requires an application of review [NMSA § 41-5-23]

Expert

Qualifications

New Mexico does not have any medical malpractice specific requirements for experts, but requires that the testimony be relevant and reliable. [New Mexico Rules of Evidence Rule 702]

Negligent Credentialing Claims

New Mexico recognizes negligent credentialing, and the standard is negligence.  [Payne v. St. Joseph Healthcare (2011); Lopez v. Presbyterian Healthcare Services (2015)]