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Statute of Limitations

Actions must commence within three years of the act or omission giving rise to the injury, except if a minor under the full age of six years shall have until his ninth birthday in which to file

Comparative or contributory negligence

pure comparative negligence

Nature of accused's liability

New Mexico has abolished joint and several liability. Except in cases involving intentional tort, or situations where one defendant could be vicariously liable for the actions of others.

Law of contribution

joint defendants are afforded the right to contribution

Expert testimony standards

New Mexico does not impose special restrictions on expert witnesses

Limits on compensation

total amount of recoverable damages in medical malprctice cases is $600,000

Limits on attorney fees

None

Collateral Source rule enforced

Under the collateral source rule, a defendant may not seek to reduce its liability by submitting evidence that the plaintiff has received compensation from other sources.

State and local health care providers immune from liabaility

In medical malpractice cases, the state of New Mexico has waived immunity.

Select Your State

Select Your State

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Medical malpractice law varies from state to state, the key areas of difference are as follows

• Statute of limitations
• The law of comparative or contributory negligence
• The nature of the accused's liability
• Law of contribution
• Standards for expert testimony
• Limitations on compensation
• Limitiations on attorney fees
• Whether collateral source law is in effect
• Are state health care providers immune from liability