Statute Of Limitations In New Mexico For Medical Malpractice Cases
| 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. |
