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Malpractice claims against UNM Hospital and public providers
Why UNM Hospital is different
The Medical Malpractice Act's definition of health care provider excludes entities protected by the Tort Claims Act. UNM Hospital and other public providers are therefore sued under the New Mexico Tort Claims Act, not the Medical Malpractice Act.
The 90-day notice
The Tort Claims Act requires written notice of the claim within 90 days of the occurrence (NMSA 41-4-16), unless the entity had actual notice. This is the earliest deadline in New Mexico malpractice law, and the easiest to miss.
Different damages limits
Tort Claims Act cases have their own damages limits (NMSA 41-4-19) instead of the Medical Malpractice Act caps, and punitive damages are not available against public entities.
Federal facilities
Care at the Albuquerque VA Medical Center or Indian Health Service facilities falls under the Federal Tort Claims Act, which starts with an administrative claim to the agency. See VA and federal clinic claims.