Statute Of Limitations New Mexico

Name: Davis Kelin Law Firm LLC
Rating: 5.0 (6 reviews)

29.04.19

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Law Articles

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Defendant or Claim Type	Prelawsuit Requirement	Deadline to File a Lawsuit	Exception for Minors or Incapacitated(II)	Discovery Rule	Fraudulent Concealment
Non-Qualified Healthcare Provider and Facility	None	3 years(I)	Yes. One year after minor turns 18 or 1 year after the person no longer incapacitated(II).	Yes, but not for wrongful death (III).	Yes(IV)
Qualified Healthcare Provider and Facility(V)	Application with Medical Review Commission(VI)	3 years(VII)	<6 years at time of malpractice has until 9 to file suit(VIII). But the time cannot be unreasonably short and may be longer than 9 years old(IX).	Modified Discovery Rule: 12 months from date of discovery, but only if discovered within the 3 years from date of malpractice(IX)	Yes(XI)
State of New Mexico (City, County, or State) Medical Facility or Provider(XII)	Notice: 90 days for injury or 6 months for a Death UNLESS minor or incapacitated then notice is extended OR actual notice(XIII)	2 years(XIV)	<7 at the time of the injury then plaintiff has until 9 to file suit(XV). The exception does not apply if the minor dies(XVI).	Yes(XVII)	Yes(XVIII)
Federal Medical Provider or Facility (VA, Indian Health Services, etc.(XIX)	File a Form 95 or written demand within 2 years of the malpractice with the negligent Federal Agency(XX)	Within 6 months after the postage date of the final denial written demand. If the federal agency does not respond then potentially indefinitely(XXI).	No(XXII)	Yes(XXIV)	Likely(XXV)
EMTALA (Anti-Patient Dumping Statute)	None(XXVI)	2 years(XXVII)	No(XXVIII)	No(XXIX)	Undecided, but unlikely.

Statute Of Limitations New Mexico

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