“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]
“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.
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]
“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]
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]
New Mexico requires an application of review [NMSA §41-5-23]
New Mexico recognizes negligent credentialing, and the standard is negligence. [Payne v. St. Joseph Healthcare (2011); Lopez v. Presbyterian Healthcare Services (2015)]
When you become our client, you become part of the Van Wey & Metzler family, and you receive responsive communication and support throughout your case.
We represent clients from all across the United States. If you or a loved one has been injured by medical negligence of a healthcare provider or facility, contact us now for a free consultation.
