In New Mexico, any medical malpractice action for injury or wrongful death must be brought within three years from the date when the alleged malpractice occurred. A minor under the age of six has until his ninth birthday to bring a medical malpractice action.
The time limit for bringing a claim depends, in part, on whether the New Mexico Medical Malpractice Act applies to a claim. If so, the time begins to run as soon as the injury occurs, even if the patient is not aware that he or she has been injured.
If the New Mexico Medical Malpractice Act does not apply to a particular claim, the three-year statute of limitations period begins to run when the patient knows or should have known of the injury.
This area of the law is complicated, and it is smart to have an expert on your side when navigating legal matters such as this. Consultations are free, and we are happy to speak with you, discuss the potential claims you might have, and advise you on how to proceed.