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Medical Malpractice Rules in New Mexico

The deadline to file a medical malpractice claim in New Mexico, the discovery rule, and caps on damages.

Short answer: A malpractice claim against a health care provider must be filed within three years after the date the act of malpractice occurred (not from discovery). NMSA 1978, § 41-5-13

Medical malpractice deadlineA malpractice claim against a health care provider must be filed within three years after the date the act of malpractice occurred (not from discovery). Minors and incapacitated persons get one year after reaching adulthood or the end of the incapacity.
This applies to health care providers covered by the Medical Malpractice Act. Re-verified 2026-10-27.
Source: NMSA 1978, § 41-5-13
Medical malpractice capsYes, aggregate caps on all damages except punitive damages and past and future medical care. Independent providers: $750,000 per occurrence, adjusted annually for inflation beginning January 1, 2023. Independent outpatient health care facilities: $1,000,000 for injuries in 2024, adjusted annually after that. Hospitals and hospital-controlled outpatient facilities: rising each year, $6,000,000 per occurrence for injuries in 2026, then adjusted for inflation. The caps include all loss of consortium claims. Most providers' personal liability is limited to $250,000, with the excess paid from the Patient's Compensation Fund. The jury is not told about the caps.
Re-verified 2026-10-27.
Source: NMSA 1978, § 41-5-6

More New Mexico personal injury & wrongful death

FAQ

What is the statute of limitations for medical malpractice in New Mexico?
A malpractice claim against a health care provider must be filed within three years after the date the act of malpractice occurred (not from discovery). Minors and incapacitated persons get one year after reaching adulthood or the end of the incapacity.
Is there a cap on medical malpractice damages in New Mexico?
Yes, aggregate caps on all damages except punitive damages and past and future medical care. Independent providers: $750,000 per occurrence, adjusted annually for inflation beginning January 1, 2023. Independent outpatient health care facilities: $1,000,000 for injuries in 2024, adjusted annually after that. Hospitals and hospital-controlled outpatient facilities: rising each year, $6,000,000 per occurrence for injuries in 2026, then adjusted for inflation. The caps include all loss of consortium claims. Most providers' personal liability is limited to $250,000, with the excess paid from the Patient's Compensation Fund. The jury is not told about the caps.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.