New Mexico medical malpractice deadlines

Qualified providers: three years from the act

NMSA 41-5-13: no claim may be brought against a qualified health care provider "unless filed within three years after the date that the act of malpractice occurred." New Mexico courts read this as a statute of repose: it runs from the occurrence even if the patient has no idea anything went wrong. For a negligent prescription, for example, the clock started on the day the drug was prescribed.

Discovered late? The one-year due process exception

In Cahn v. Berryman (2018), the New Mexico Supreme Court held that if a claim is discovered during the last twelve months of the three-year period, the patient has twelve months from discovery to file. It does not help if the injury is discovered after the three years have run.

Children and incapacitated patients

Since January 1, 2022, minors and incapacitated persons have until one year after reaching 18 or after the incapacity ends. The older rule giving young children only until their ninth birthday was replaced.

Providers who have not qualified

The Act's repose period protects only providers who have qualified under it. Against a provider who has not, the general three-year personal injury statute applies (NMSA 37-1-8), and it runs from when the patient knew or should have known of the injury and its cause.

Public hospitals: 90 days

Claims against public entities such as UNM Hospital fall under the Tort Claims Act, which requires written notice within 90 days of the occurrence. See UNM Hospital claims.

Wrongful death

A wrongful death claim based on malpractice is subject to the same three-year period under 41-5-13. See wrongful death.

Frequently asked questions