State: New Mexico
Link to State Law: New Mexico Statutes
The following information is meant to be a guide. It is believed to be accurate at the time of authorship but may not reflect the most current data due to changes in the law. If you require legal assistance or guidance with regard to New Mexico state law, contact an experienced attorney.
Statute of Limitations: A New Mexico medical malpractice action must be commenced within three years of the act or omission giving rise to the injury. Minors under the age of six have until their ninth birthday to file a medical malpractice claim.
Minimum Qualifications of Expert Witnesses: There are no special rules about the testimony of expert witnesses in medical malpractice cases.
Limitations on Monetary Damages: The total amount of recoverable damages is limited to to $600,000 in medical malprctice cases. This cap is not applicable to the value of accrued medical care and benefits. Any judgment against a single health care provider in excess of $200,000 is payable from a patient's compensation fund.
Limitations on Attorney Fees: There are no restrictions on attorney fees in medical malpractice cases.