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Wrongful death caused by medical malpractice in New Mexico
Who brings the claim
Under the New Mexico Wrongful Death Act, the claim is brought by the personal representative of the person who died, for the benefit of the family members the statute names.
Deadline
When the death resulted from malpractice by a qualified provider, the Medical Malpractice Act's three-year period applies (NMSA 41-5-13), running from the act of malpractice. A loss of consortium claim by a family member is tied to the same malpractice. Claims against public providers also need the 90-day Tort Claims Act notice.
Caps
The Medical Malpractice Act caps apply to wrongful death claims as well, and one cap covers all claimants for the same occurrence. Medical expenses remain outside the cap.