Albuquerque Medical MalpracticeCall (505) 369-7322

Home › Birth injury claims in New Mexico

Birth injury claims in New Mexico

Updated October 24, 2026 · Checked against the New Mexico Medical Malpractice Act as amended through HB 99 (2026)

Common birth injury claims

Claims typically involve failure to respond to fetal distress, delayed C-section, oxygen deprivation (which can cause cerebral palsy or brain injury), improper use of delivery instruments, and shoulder dystocia injuries.

Deadlines for the child and parents

Since January 1, 2022, a child's claim against a qualified provider may be filed until one year after the child turns 18. A parent's loss of consortium claim is tolled along with the child's. Parents' own claims, including for medical expenses they pay, may have shorter deadlines, so do not wait.

Lifetime care costs are not capped

Past and future medical care is excluded from New Mexico's damages caps. In birth injury cases future care is often the largest part of the claim.

Sources

  1. NMSA 41-5-13, limitations (Medical Malpractice Act)
  2. NMSA 41-5-6, limitation of recovery
  3. HB 75 (2021), Medical Malpractice Act amendments, enrolled text