New Mexico Nursing Home Laws
Nursing Home Negligence or Abuse
Statute of Limitations N.M. Stat. Ann. §37-1-8
- Three years from when the injury was discovered, or reasonably should have been discovered.
Statute of Limitations N.M. Stat. Ann. §41-5-13
- Three years from date the malpractice occurred.
- In claims where the health provider is not a "qualified health care provider" under the state's Medical Malpractice Act, the statute of limitations begins to run when the plaintiff knows or should have known of the injury and its cause. NMSA 1978 § 41-5-1 to -30
Statute of Limitations N.M. Stat. Ann. §41-2-2
- Three years from date of death.
Damages Caps N.M. Stat. Ann. §§41-5-6 and 41-5-7
- For medical malpractice cases, there is a $600,000 cap for all damages except punitive damages and medical expenses. Future medical expenses must be paid as they are incurred.
- Health-care provider's liability is limited to $200,000 for monetary damages, medical care and related benefits, with the remainder to be paid from the patient's compensation fund.
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