No claim for malpractice may be brought against a health care provider unless filed within three years after the date that the act of malpractice occurred, except that the times limited for the bringing of actions by minors and incapacitated persons shall be extended so that they shall have one year from and after the age of majority or termination of incapacity within which to commence the actions.
History: 1953 Comp., § 58-33-13, enacted by Laws 1976, ch. 2, § 13; 2021, ch. 16, § 6.
The 2021 amendment, effective January 1, 2022, extended the statute of limitations for minors and incapacitated persons bringing medical malpractice actions; after "No claim for malpractice", deleted "arising out of an act of malpractice which occurred subsequent to the effective date of the Medical Malpractice Act", and after "except that", deleted "a minor under the full age of six years shall have until his ninth birthday in which to file. This subsection applies to all persons regardless of minority or other legal disability" and added the remainder of the section.
Structure New Mexico Statutes
Article 5 - Medical Malpractice Act
Section 41-5-2 - Purpose of act. (Repealed effective January 1, 2022.)
Section 41-5-3 - Definitions. (Effective January 1, 2022.)
Section 41-5-4 - Ad damnum clause.
Section 41-5-5 - Qualifications.
Section 41-5-5 - Qualifications. (Effective January 1, 2022.)
Section 41-5-6 - Limitation of recovery.
Section 41-5-6 - Limitation of recovery. (Effective January 1, 2022.)
Section 41-5-7 - Future medical expenses.
Section 41-5-7 - Medical expenses and punitive damages. (Effective January 1, 2022.)
Section 41-5-8 - Medical benefits prior to judgment.
Section 41-5-9 - District court; continuing jurisdiction.
Section 41-5-9 - District court; continuing jurisdiction. (Effective January 1, 2022.)
Section 41-5-10 - Patient; future examinations and hearings. (Repealed effective January 1, 2022.)
Section 41-5-11 - Set-off of advance payments.
Section 41-5-12 - Claims for compensation not assignable.
Section 41-5-13 - Limitations.
Section 41-5-13 - Limitations. (Effective January 1, 2022.)
Section 41-5-14 - Medical review commission; independent providers.
Section 41-5-15 - Commission decision required; application.
Section 41-5-15 - Commission decision required; application. (Effective January 1, 2022.)
Section 41-5-16 - Application procedure.
Section 41-5-16 - Application procedure. (Effective January 1, 2022.)
Section 41-5-17 - Panel selection.
Section 41-5-17 - Panel selection. (Effective January 1, 2022.)
Section 41-5-18 - Time and place of hearing.
Section 41-5-18 - Time and place of hearing. (Effective January 1, 2022.)
Section 41-5-19 - Hearing procedures.
Section 41-5-19 - Hearing procedures. (Effective January 1, 2022.)
Section 41-5-20 - Panel deliberations and decision.
Section 41-5-21 - Director; rules of procedure.
Section 41-5-22 - Tolling of statute of limitation.
Section 41-5-23 - Provision of expert witness.
Section 41-5-24 - Maintenance of records.
Section 41-5-26 - Malpractice coverage.
Section 41-5-26.1 - Birthing workforce retention fund created.
Section 41-5-27 - Report by district court clerks.
Section 41-5-28 - Payment of medical review commission expenses.
Section 41-5-28 - Payment of medical review commission expenses. (Effective January 1, 2022.)
Section 41-5-29 - Fund reports. (Effective January 1, 2022.)