1. In general, any medical malpractice action for injury or wrongful death must be brought within three years from the date when the alleged malpractice occurred. This is referred to as the Statute of Limitations. There are some instances when the Statute of Limitations is less than three years.
2. A claimant’s negligence will never bar recovery but, instead, will only reduce the claimant’s recovery in proportion to his comparative fault.
3. Claims of medical malpractice against a “qualified health care provider” are limited to a recovery of $600,000 which applies to all damages, with the exception of punitive damages and damages for medical expenses. Most doctors are “qualified health care providers” whereas most hospitals are not.
4. Generally the state and its political subdivisions have immunity from a tort action. Such immunity is inapplicable to medical malpractice actions if an employee of the state or any one of its political subdivisions was negligent while acting within the scope of his employment. Please note, New Mexico law requires that a Tort Claims Notice be filed with the appropriate state agency within ninety days of the alleged act. There are few exceptions to this requirement.