New Mexico Medical Malpractice Insurance: Costs, Statute of Limitations, Requirements & Quotes

New Mexico Medical Malpractice Laws

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.

Medical Malpractice in New Mexico: Facts and Statistics

  • In 2016, New Mexico had 9,235 licensed physicians within a population of 2,081,015 residents, equaling 444 physicians for every 100,000 people.
  • In 2015, medical malpractice suits were 17.9 per 100,000 residents, with a total payout of $50.8 million. This represents a 41.8% increase from 2014.
  • In 2015, New Mexico ranked 34th in medical malpractice lawsuits.
  • The most common three types of medicine practiced as of 2012 were family medicine/general practice, internal medicine, and pediatrics.


Costs, Requirements, and Limitations:

  • Industry Average Cost of a Medical Malpractice Insurance in New Mexico: $7,573
  • Is Medical Malpractice Insurance Required in New Mexico?: Requirements are in place to qualify for state liability reforms.
  • Minimum Carrying Requirements in New Mexico: Physicians must carry liability limits of $200,000 per occurrence because the patient compensation fund in New Mexico covers anything over this limit. But physicians sometimes choose to carry a higher liability limit because the fund does not cover punitive damages.
  • At what rate do doctors get sued in New Mexico? 17.9 suits per 100,000 people
  • What are the medical malpractice damage caps in New Mexico? The overall cap on all damages is $600,000 but does not apply to compensation for past or future medical care.
  • What is the “statute of limitations” for a medical malpractice complaint in New Mexico? 3 years, New Mexico Statutes Annotated section 41-5-13



Medical Malpractice Insurance in New Mexico