New Mexico Medical Malpractice Laws

The statute of limitations is tolled while the Medical Review Commission reviews the claim. The clock restarts 30 days after the panel issues its final decision.

For minors under age 6 at the time of malpractice, the limitations period extends until the child reaches age 9.

Damages against qualifying hospitals are capped. The cap was $4,000,000 in 2022, $4,500,000 in 2023, $5,000,000 in 2024, $5,500,000 in 2025, and $6,000,000 in 2026. Adjusted annually by CPI thereafter. Cap excludes past and future medical care/related benefits and punitive damages.

Damages against qualifying independent healthcare providers (individual physicians, group practices) are capped at $750,000, adjusted annually by CPI starting January 1, 2023. Cap excludes past and future medical care/related benefits and punitive damages.

Independent outpatient clinics (urgent care centers, ambulatory surgical centers) are capped at $1,000,000, adjusted annually for inflation starting 2024. Excludes punitive damages.

Punitive damages are not subject to the Medical Malpractice Act cap and have no separate statutory cap. They are available when a provider acts with reckless disregard.

No malpractice action may be filed against a qualifying provider before applying to the Medical Review Commission and receiving its decision, unless both parties agree to bypass the panel. The commission determines whether acts constitute malpractice and whether the patient was injured. The statute of limitations is tolled during review.

Expert testimony is generally required to establish the standard of care and causation. If the panel determines malpractice may have occurred, the panel, its members, and the professional association must cooperate in retaining a qualified expert for the patient.

Qualifying healthcare providers participate in the Patient's Compensation Fund, which provides coverage above the provider's individual malpractice insurance. The fund is financed by surcharges on qualifying providers.

Unlike most states, New Mexico does not apply the discovery rule to medical malpractice. The 3-year period runs from the date of the act of malpractice, not from when the patient discovered or should have discovered the injury.