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★ New Mexico · medical negligence

Medical negligence settlements
in New Mexico.

By 9 min read

New Mexico’s Medical Malpractice Act bars claims that do not accrue within three years of the malpractice. A woman whose ovarian mass was treated as endometriosis had a $700,000 stipulated judgment, but lost it because she sued 21 months after her claim accrued. Parents of a child hurt at birth in 2013 won the right to pursue their own claim.

Facts that decide a medical negligence claim in New Mexico

Three year reposeA claim that accrues in the last twelve months of the three year period must be filed within twelve months of accrual.NMSA 1978, § 41-5-13; Cahn v. Berryman (N.M. 2017)
Cap and panelFor qualified providers, Garrity described a $200,000 personal liability limit, a $600,000 damages cap and review by the medical review commission before suit.Garrity v. Driskill (N.M. App. 2022)
Fault ruleNew Mexico adopted pure comparative negligence in Scott v. Rizzo (1981): your own share reduces the award but never bars it.Estate of Saenz v. Ranack Constructors (N.M. App. 2015)
★ band · US federal frame
$30,000 to statutory cap
Medical negligence (non-fatal)
State medical-malpractice cap as in force on the date of injury

The US band is the starting point. New Mexico's fault rule and any applicable cap then adjust the figure.

united states · sister site
Your medical negligence claim in New Mexico. See the number for your own case.

The range above is a starting point. FairSettlement gives you a free estimate for your own medical negligence case in about two minutes, no cost and no obligation.

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★ NM · reported medical negligence outcomes

What New Mexico courts have awarded.

Real New Mexico decisions and verdicts, each linked to the court record or official report.

  • Cahn v. Berryman
    New Mexico Supreme Court · 2017
    $700,000 stipulated judgment; claim barred

    A May 2006 ultrasound showed a complex mass on Sarah Cahn’s left ovary and said malignancy needed to be excluded. At their only visit that August, Dr. Berryman diagnosed endometriosis and did not order a biopsy. The parties stipulated to $700,000 in damages while preserving the time bar issue. The Supreme Court held the claim barred because she filed 21 months after it accrued.

  • Garrity v. Driskill
    New Mexico Court of Appeals · 2022
    Dismissal of parents’ claim reversed

    On September 6, 2013, a child was injured during delivery at Lea Regional Medical Center, suffering a brachial plexus injury with scapular winging and arm weakness, and later developmental delays. The parents’ loss of consortium claim, filed about five years later, was dismissed as late. The court held it was timely because it was filed within the period allowed for the child’s own claim.

★ NM · medical negligence · in practice

What changes the number here.

What actually moves a medical negligence settlement in New Mexico.

  1. 1

    Count three years from the act of malpractice, not from when you learned of it.

  2. 2

    If you learn of the harm late in that window, file within twelve months; Cahn waited 21.

  3. 3

    Parents’ claims for a child’s birth injury may follow the child’s longer deadline, per Garrity.

★ NM · statute of limitations
3 years from date of injury

N.M. Stat. § 37-1-8

★ NM · fault rule
Pure comparative negligence

Pure comparative negligence under Scott v. Rizzo (1981).

★ NM · caps

What caps recovery.

Statutory caps that may bear on a medical negligence settlement in New Mexico.

★ medical negligence · same region & fault regime

Compare to like jurisdictions.

How New Mexico's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for medical negligence claims.

JurisdictionFault ruleLimitationMedical negligence page
New Mexico · you are herePure comparative negligence3 years from date of injury—
OklahomaModified comparative, 51% bar2 years from date of injuryOK · medical negligence →
ArizonaPure comparative negligence2 years from date of injuryAZ · medical negligence →
New YorkPure comparative negligence3 years for personal injury; 2 years 6 months for medical malpracticeNY · medical negligence →
Rhode IslandPure comparative negligence3 years from date of injuryRI · medical negligence →
WashingtonPure comparative negligence3 years from date of injuryWA · medical negligence →
AlaskaPure comparative negligence2 years from date of injury or discoveryAK · medical negligence →
North CarolinaPure contributory negligence3 years from date of injuryNC · medical negligence →
North DakotaModified comparative, 50% bar6 years for personal injury; 2 years for medical malpracticeND · medical negligence →
OhioModified comparative, 51% bar2 years from date of injuryOH · medical negligence →
OregonModified comparative, 51% bar2 years from date of injuryOR · medical negligence →
PennsylvaniaModified comparative, 51% bar2 years from date of injuryPA · medical negligence →
South CarolinaModified comparative, 51% bar3 years from date of injurySC · medical negligence →
★ NM · medical negligence · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

Sources

Checked 2026-09-29. Every figure on this page comes from one of these documents.

★ all of NM
New Mexico overview

Fault rule, statute, caps, and key facts for New Mexico as a whole.

★ federal frame
Medical negligence in United States

Medical negligence band structure and severity tiers at the US level.

★ all 15 countries
Medical negligence · everywhere

Cross-jurisdiction comparison of medical negligence bands.

★ editorial note

Figures on this page are starting points: the US band adjusted for New Mexico's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in New Mexico. See /methodology, /sources, and /disclaimer.