New Mexico Medical Malpractice Laws
New Mexico law sets a cap on damages at $600,000, with an exclusion for medical care and related benefits. This means that the maximum amount you can receive for lost wages, loss of earning ability and non-economic damages such as pain and suffering is $600,000. Medical malpractice lawsuits are complicated and you need experience on your end. The quality of your lawyer could have a direct impact on your compensation. Contact us online today or call (575) 376-6583 to discuss your options. A decision is then made and shared with the parties. If a complaint of medical malpractice is subsequently brought before the courts, the Committee`s decision is not admissible. If the parties to a medical malpractice lawsuit cannot agree, the claim will be brought in civil court. In New Mexico, a civil lawsuit begins with filing a complaint with the clerk of the court. A complaint must include the following: In particular, if a victim of professional misconduct is under the age of eighteen, the limitation period begins until the child reaches the age of eighteen (18) and expires three years later when the child reaches the age of twenty-one (21).
There is an exception to this law for cases where the patient was under six years of age at the time of the malpractice. Every child, from newborn to age six, who has been harmed as a result of medical malpractice has until their ninth birthday to file medical malpractice. New Mexico law requires that any medical malpractice against a qualified health care provider first be heard by a medical examination committee.  The commission or panel is composed of physicians and lawyers. The applicant must submit his case to the Commission for verification and declaration of his alleged negligence. The Commission will examine the facts and then reach a conclusion. The panel`s decision is in no way binding and the plaintiff can always take legal action if the panel has ruled against him. So if the medical malpractice incident happened to you as a newborn, you (the newborn) may have up to twenty-one years to start your malpractice claim. However, the same would not apply to your parents. With respect to medical malpractice, many cases are settled out of court before the matter moves to the litigation stage.
New Mexico is one of many states that set a limit on the damages that can be awarded to a plaintiff in medical malpractice. If you or a loved one has been a victim of medical malpractice, you may be confused about your state`s laws governing how professional misconduct can be filed. All states follow the same general principles of medical malpractice laws, but the specifics of each state`s laws vary. If you or a loved one has been the victim of medical malpractice, you`ll need a New Mexico medical malpractice attorney by your side. At Carabin Shaw, we believe in justice for victims, so we are here to listen to your case and find the best way to get appropriate compensation. We believe the first step is to know what you`re dealing with. So what is New Mexico`s Medical Malpractice Act and what does it mean for victims? Here are some key points about this law that governs medical malpractice in New Mexico. The immunity granted to public bodies and public officials under article 41-4-4 of the N.M. Stat. ann. does not apply to liability for damage resulting from bodily injury or wrongful death caused by the negligence of public officials acting within the scope of their duties in the operation of a hospital, infirmary or psychiatric institution. Clinic, pharmacy or nursing home.
 If you incurred medical expenses due to medical malpractice, compensation for that damage is not included in the mitigation. Future medical bills or rehabilitation costs you anticipate may be included in your lawsuit, but settlement will not be granted in advance based on estimates of those future costs. Instead, future economic damages in New Mexico will not be reimbursed until they actually occur. In New Mexico, you can bring a medical malpractice lawsuit for an injury you sustained against a licensed health care provider for negligence, misconduct, errors or omissions, or breach of contract in the provision of health services, medical services, nursing services, or other health-related services. The case was contested on the ground that the trial court judge had erred in allowing the applicant`s various experts to testify when their opinions were not sufficiently supported by scientific data. The New Mexico Court of Appeals disagreed, holding that in cases of medical malpractice, a physician`s direct experience qualified him as an expert. Prior to trial, Las Cruces Medical Center and the doctor settled the case, leaving pacemaker manufacturer Biotronik, Inc., as the remaining defendant. The manufacturer was included in the lawsuit based on allegations that implanting the pacemaker brought financial rewards to Biotronik, Inc. If you report professional misconduct against a health care professional, the burden of proof is on you and you must prove: If the three years have already expired, but the victim of professional misconduct can prove that it is a fraudulent cover-up, the limitation period begins from the time they discovered the malpractice. To be considered a qualified health care provider under the law, the health care provider must purchase medical malpractice insurance listed on the event policy. The commission consists of a panel of six people, three doctors and three lawyers who analyze each incident of alleged malpractice before a lawsuit can be filed. New Mexico`s Medical Malpractice Act also limits the amount a single defendant must pay, with a maximum of $200,000 per defendant.