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Medical malpractice cases can be difficult, time-consuming, and stressful, particularly if you are the victim of malpractice who is attempting to seek some semblance of justice. It’s a complex sort of case that can be brought against any medical professional if it can be proved that it occurred. If you are seeking to start a medical malpractice claim, you may want to know about the New Mexico medical malpractice statute of limitations.
What Is the New Mexico Medical Malpractice Statute of Limitations?
The current statute of limitations for filing a medical malpractice claim in New Mexico is three years. Specifically, you will have three years from the date of the initial action of medical malpractice in which to file it. That is when the clock starts. The clock does not start on the day that you discovered the malpractice or the day that it began affecting you.
Do not take your time developing a medical malpractice case. You will not have a lot of time, and the case itself will likely be quite time-consuming. In order to prove a medical malpractice claim, you will need to prove four very important factors:
- You had an established doctor-patient relationship with the medical professional in question with an agreed-upon duty of care.
- Your medical professional deviated from that duty of care.
- You were harmed in some capacity by your doctor’s breach of care.
- Your current state, whatever it may be, is a direct result of your doctor’s actions.
How to File a Medical Malpractice Claim
Filing a medical malpractice claim is not easy work. However, it may be necessary for you to recover financially from the stressful situation you may be finding yourself in. Here are just a few steps you can take in the filing process for a medical malpractice claim:
- Filing: Depending on how difficult your recovery is due to the medical issue that may have been aggravated by the malpractice, you may find it difficult to file the claim until after you recover. You will have to file within the three-year statute of limitations window, and your claim can be dismissed without cause if you miss that window.Your first step will be filing the complaint with the court. You will have to include all the pertinent details in that complaint, such as the facts of the case, the names of the involved parties, and how much you are looking to be compensated for. Your lawyer will help you develop your case and ensure your complaint is submitted correctly and is factually accurate.
- Discovery: Once your complaint has been filed and the other party has responded to it, the discovery phase will begin. This is the part where both sides start collecting evidence that backs up their claims. This will likely include depositions from you and all other relevant parties, the doctor’s medical notes relevant to the malpractice in question, and medical exams to confirm your injuries and/or illness.
- Possible Settlement: Civil cases like medical malpractice suits often settle out of court long before they ever see the inside of a courtroom. In the event of a settlement, the opposing party’s lawyers will offer you an amount in compensation.It is up to you and your lawyer to decide whether or not to accept that amount. If you do, the case is over, and you take the money. If not, the opposition may return with a different settlement amount, or the case may go to trial.
FAQs
Q: What Is the Cap for Medical Malpractice in New Mexico?
A: Under New Mexico state law, the cap for medical malpractice suits is $750,000. This damage cap excludes any compensation for past and future medical care or any related benefits. State law puts separate caps on outpatient care facilities that are not owned or controlled by a hospital. The damage caps for those facilities are adjusted yearly. Currently, as of 2024, the cap is $5 million. At the moment, there is no statute of limitations on seeking damages for cases that resulted in permanent disability.
Q: What Are Punitive Damages in New Mexico for Medical Malpractice?
A: Punitive damages in the case of medical malpractice are awarded not just as compensation for the victim’s pain and suffering, but also in an effort to punish the offender for having committed the malpractice in the first place. Punitive damages exist to discourage the defendant from future wrong behavior and others who intend to partake in similar behavior in the future. Punitive damages are often awarded by juries who wish to make a point.
Q: What Is the Statute of Limitations on Medical Malpractice Claims in New Mexico?
A: In New Mexico, the statute of limitations on medical malpractice claims is three years. You have three years from the date the medical malpractice happened to pursue a claim for compensation. If the victim is a child under the age of six, then that time frame ends on their ninth birthday.
Q: What Are the Four Elements of a Negligence Claim in a Medical Malpractice Lawsuit?
A: In order to pursue a medical malpractice suit with a negligence claim, you have to be able to prove four distinct elements of your case:
• A professional duty was owed to the patient by the medical professional in question.
• The medical professional breached that duty of care.
• There was an injury caused by that breach of care.
• There were resulting damages caused by that injury.
If you are able to prove those four elements, you may be able to win your case.
Contact a Medical Malpractice Attorney Today
Pursuing a medical malpractice case is no easy feat. You will have to prove that negligent behavior occurred and do what you can to pursue justice. At the Branch Law Firm, we are determined to help you seek compensatory damages in your malpractice case. Contact us to schedule a consultation as soon as you can. During the consultation, we can examine the details of your potential claim.