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What Is the Statute of Limitations for Medical Malpractice in New Mexico?

In New Mexico, the statute of limitations for medical malpractice is generally 3 years under NMSA 1978, § 41-5-13.

3 YEARS
Medical Malpractice · New Mexico
✓ Verified Checked Sep 2026

Medical malpractice Deadlines in New Mexico

How long do you have to file a medical malpractice claim in New Mexico?

In New Mexico, the statute of limitations for medical malpractice is generally 3 years under NMSA 1978, § 41-5-13.

When does the clock start for medical malpractice in New Mexico?

Three years from the act of malpractice.

Can the New Mexico deadline for medical malpractice be extended?

Loesch v. Henderson holds that § 41-5-22's tolling on submission of a claim to a medical review panel does not toll the general § 37-1-8 period for acts predating the Act. A minor's claim is subject to a hard cap under § 41-5-13 rather than general minority tolling. Repoint the URL.

Is the deadline different if the claim is against the government in New Mexico?

Often, yes. Suit within 2 years under the Tort Claims Act under NMSA 1978, §§ 41-4-15, 41-4-16. The New Mexico Tort Claims Act allows two years to bring suit under § 41-4-15, cutting the general three-year injury period. Cozart v. Town of Bernalillo holds this two-year period, rather than the one-year limit in § 37-1-24 for suits against a city, town or…

How does New Mexico compare to other states for medical malpractice?

New Mexico's 3 years is in the middle of the range nationally. Across the 51 jurisdictions with a verified figure, the deadline for medical malpractice ranges from 1 year to 4 years, and 2 years is the most common. Compare all states →

What Does Medical Malpractice Cover?

Situations that typically fall under the medical malpractice deadline in New Mexico:

01 Surgical errors and wrong-site surgery
02 Misdiagnosis or delayed diagnosis
03 Medication errors and dosage mistakes
04 Birth injuries to mother or child
05 Anesthesia errors
06 Hospital-acquired infections from negligence
07 Failure to monitor or treat properly
08 Premature discharge causing harm
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Other Filing Deadlines in New Mexico

Statutes of limitations have exceptions, and courts apply them to specific facts. This page states the general rule. A licensed New Mexico attorney can tell you the deadline that applies to your situation.
See every filing deadline in New Mexico, or compare medical malpractice across all states.
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