New Mexico · Medical Malpractice
New Mexico medical malpractice damage caps and statute of limitations
Refreshed 2026. $770,000 - $5,500,000 (tiered) damage cap. 3 years from act or omission. Full breakdown below.
Damage caps
NM Stat. Ann. § 41-5-6Non-economic damages cap
None
Total damages cap
$770,000 - $5,500,000 (tiered)
Status
active
Notes
Tiered total cap system under Medical Malpractice Act. Independent providers: ~$770,000 total; Outpatient facilities: ~$1,030,000; Hospitals: ~$5,500,000. Individual provider liability: $250,000-$750,000 (Patient's Compensation Fund covers excess). HB 99 (signed March 2026) added punitive damage caps: $1M independent, $6M local hospital, $15M large systems. Excludes past/future medical bills from cap.
Statute of limitations
NM Stat. Ann. § 41-5-13Standard SOL
3 years from act or omission
Discovery rule
Yes; runs from when injury was or should have been discovered
Statute of repose
3 years from act (effectively same as SOL)
Minor exception
Tolled during minority; SOL begins at age 18 but subject to outer limits
Wrongful death SOL
3 years from date of death
Notes
Claims against qualified providers must go through Medical Malpractice Act process.
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New Mexico med-mal FAQ
What is the medical malpractice statute of limitations in New Mexico?+
3 years from act or omission. Yes; runs from when injury was or should have been discovered Statute of repose: 3 years from act (effectively same as SOL). Wrongful death: 3 years from date of death. Claims against qualified providers must go through Medical Malpractice Act process. Source: NM Stat. Ann. § 41-5-13.
Does New Mexico have a medical malpractice damage cap?+
Total damages cap: $770,000 - $5,500,000 (tiered). Tiered total cap system under Medical Malpractice Act. Independent providers: ~$770,000 total; Outpatient facilities: ~$1,030,000; Hospitals: ~$5,500,000. Individual provider liability: $250,000-$750,000 (Patient's Compensation Fund covers excess). HB 99 (signed March 2026) added punitive damage caps: $1M independent, $6M local hospital, $15M large systems. Excludes past/future medical bills from cap. Source: NM Stat. Ann. § 41-5-6.
How does New Mexico handle the discovery rule in med-mal cases?+
Yes; runs from when injury was or should have been discovered
What is the New Mexico minor exception for medical malpractice?+
Tolled during minority; SOL begins at age 18 but subject to outer limits
What is the wrongful death statute of limitations for New Mexico medical malpractice?+
3 years from date of death
Other state lookups
This tool is informational. It is not legal advice. New Mexico damage caps and statute of limitations periods change frequently. Always verify against current statute and consult a licensed New Mexico attorney before relying on a deadline. Data refreshed May 2026.