Statute Of Limitations New Mexico



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.
Davis Kelin Law Firm

Author Davis Kelin Law Firm

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