New Mexico Nursing Home Laws

New Mexico Nursing Home Injury Law | Abuse 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.

Medical Malpractice

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

Wrongful Death

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.

The information provided here was prepared by the Pintas & Mullins Law Firm for research and informational purposes only. It does not constitute legal advice or an attorney-client relationship. While we try to keep this information current, the law is subject to change and it may not be reflected here immediately.

The Pintas & Mullins Law Firm expressly disclaims all liability with respect to actions taken or not taken based on the information provided. If you have a legal question or problem, please consult an attorney immediately.