New Mexico Statute of Limitations for Medical Malpractice
In New Mexico, the statute of limitations for medical malpractice is 3 years. After this period, a lawsuit based on this type of claim is generally time-barred.
Data last updated: Apr 16, 2026Key Takeaways
- Time limit: 3 years from accrual.
- Statute: N.M. Stat. § 41-5-13.
- 3 years from the date of the act. Discovery rule applies.
What are medical malpractice claims?
Claims against healthcare providers for negligent treatment, diagnosis, or care.
Details
3 years from the date of the act. Discovery rule applies.
General New Mexico Rules
New Mexico provides 6 years for contract claims and 3 years for personal injury. The Medical Malpractice Act governs medical negligence claims and includes a mandatory review process. The discovery rule applies to medical malpractice and fraud claims.
Other Statutes of Limitations in New Mexico
Medical Malpractice in Other States
Frequently Asked Questions
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What is the statute of limitations for medical malpractice in New Mexico?
The statute of limitations for medical malpractice in New Mexico is 3 years. Citation: N.M. Stat. § 41-5-13.
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When does the clock start for medical malpractice in New Mexico?
3 years from the date of the act. Discovery rule applies.
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Can the statute of limitations for medical malpractice be extended in New Mexico?
In some cases, yes. Tolling provisions may apply for minors, persons with incapacity, or when the defendant is absent from the state. The discovery rule may also delay the start of the statute. Consult an attorney for your specific situation.