New Mexico Complaint in Federal Court for Preventable Fall At Hospital

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Complaint in Federal Court for Preventable Fall At Hospital
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FAQ

New Mexico law places a cap on damages to $600,000, with an exclusion for medical care and related benefits. This means the maximum amount you can be awarded for lost wages, lost ability to earn a living, and non-economic damages like pain and suffering is $600,000.

A judgment of punitive damages against a health care provider shall be the personal liability of the health care provider. Punitive damages shall not be paid from the fund or from the proceeds of the health care provider's insurance contract unless the contract expressly provides coverage.

Initiating the Case In New Mexico, a civil action begins by filing a complaint with the clerk of the court. A complaint should include: The proper name of every plaintiff and of every defendant. A statement that the court has legal authority over the subject matter of the claim and over the defendant.

New Mexico limits the window of time for a medical malpractice lawsuit to three years after the instance of malpractice. More specifically, this means three years after the date that the malpractice occurred, rather than the time that you discovered it or that it began taking a toll on your health and comfort.

The health care provider shall be liable for all medical care and related benefit payments until the total payments made by or on behalf of [it] the health care provider for monetary damages and medical care and related benefits combined equals [two hundred thousand dollars ($200,000), after which the payments shall be ...

In New Mexico, you may bring a medical malpractice lawsuit for an injury you suffered against a licensed healthcare provider based upon their negligence, misconduct, errors or omissions, or breach of contract in the rendering of healthcare, medical services, nursing services or other health-related services.

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New Mexico Complaint in Federal Court for Preventable Fall At Hospital