FB New Mexico Statute of Limitations Birth Injuries, Medical Malpractice

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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.


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The following reviews from our clients do not constitute a guarantee, warranty, or prediction regarding the outcome of another legal matter. The cases mentioned in the reviews are illustrative of some of the matters previously handled by Grant & Eisenhofer involving various areas of birth injury law. These reviews are endorsements.

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The following reviews from our clients do not constitute a guarantee, warranty, or prediction regarding the outcome of another legal matter. The cases mentioned in the reviews are illustrative of some of the matters previously handled by Grant & Eisenhofer involving various areas of birth injury law. These reviews are endorsements.

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