New Mexico Medical Malpractice Laws

There is a limit of $600,000 on total damages but the value of the accrued medical care is not subject to the limit. Payment for future medical expenses are paid when the expenses are incurred. A health care provider’s liability is limited to $200,000 with the balance being the responsibility of the Patient’s Compensation Fund. The statute of limitations is three years from the injury (for minors under 6: until the 9th birthday). There is several liability only unless it is determined that a person acted with the intention of inflicting injury or damage, where one person is vicariously liable for the actions of another (to the extent of the percentage of fault), those strictly liable for the manufacture and sale of a defective product, and other limited circumstances. There is no limitation on attorney fees. A medical review panel determines if there is substantial evidence that malpractice occurred and whether there is reasonable probability that the malpractice injured the claimant. The medical review panel’s decisions are nonbinding and are not admissible during trial (if the panel finds that malpractice probably occurred, the panel assists the claimant in finding a qualified expert). There is no requirement for an affidavit or certificate of merit.

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