Every state, including New Mexico, has deadlines- or statute of limitations- for filing malpractice lawsuits. The New Mexico statute of limitations is three years. However, if the injured party is under the age of six, they have up until their ninth birthday to file a medical malpractice claim.
A patient can recover both compensatory (economic and noneconomic) and punitive damages with a limit of $600,000. Compensatory damages cover financial losses, while noneconomic damages might include disfigurement, pain and suffering, and more. This does not include damages for medical care. New Mexico law limits the total damages any one defendant must pay to $200,000. If the total damages awarded to the plaintiff in the case is greater, the remaining balance is paid from New Mexico’s Patient Compensation Fund. There are currently no limits to punitive damages which are only awarded to punish malicious, fraudulent, willful, or wanton activities administered by the health care provider.
Costs, Requirements, and Limitations: