New Mexico Medical Malpractice Damage Cap
Track statutory limits on noneconomic damages and calculate your potential recoverable amount.
Legal Nuances & Exceptions
Applicability
Total Damage Cap (Excluding Medicals and Punitive)
Statutory Reference
N.M. Stat. Ann. § 41-5-6 (Updated 2021)
Exceptions to Cap
- Past and future medical care
- Punitive damages
New Mexico enforces a $600,000 aggregate cap on all damages (except past/future medical care and punitive damages) for independent providers. In 2021, the cap for hospitals and outpatient facilities was raised to $750,000 and is adjusted annually.
Frequently Asked Questions
What is the medical malpractice cap in New Mexico?
New Mexico generally caps aggregate damages (excluding medical bills and punitive damages) at $600,000 for independent providers, and $750,000+ for hospitals.
Are medical bills included in the New Mexico cap?
No. Past and future medical expenses are specifically excluded from the cap and can be recovered in full.
How does the New Mexico Patient's Compensation Fund work?
Providers pay up to $250,000 per claim, and the Patient's Compensation Fund covers the remainder up to the cap limit.
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