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Rule 1-056 - Summary judgment A. For claimant. A party seeking to recover upon a claim, counterclaim or cross-claim or to obtain a declaratory judgment may move with or without supporting affidavits for a summary judgment in his favor upon all or any part thereof.
Statutory Damage Caps New Mexico law places a cap on damages to $600,000, with an exclusion for medical care and related benefits.
The purpose of the [Medical Malpractice Act] New Mexico Medical Professional Liability Act is to promote the health and welfare of the people of New Mexico by making available professional liability insurance for health care providers in New Mexico.
New Mexico Patient Compensation Fund The fund is a state-established liability funding mechanisms that provides medical malpractice coverage in excess of the primary insurance requirements of the applicable state.
The New Mexico Medical Review Commission, created by Section 41-5-14 of the New Mexico Medical Malpractice Act, was enacted in 1976. The Medical Malpractice Act mandates the screening of all applications of alleged medical malpractice against a qualified medical provider by the Medical Review Commission.
Malpractice Cap by State StateCap on Malpractice DamagesState CodeCalifornia$250,000California Code of Civil Procedure Sections 340.4 and 340.5Colorado$300,000 noneconomic damages $1,000,000 total damagesColorado Revised Statutes 13-80-102.5ConnecticutNoneDCNone47 more rows
Incurred medical expenses means those paid or unpaid bills for medical care which are recognized under State law and are or will be the obligation of the applicant.
The Average Settlement for Medical Malpractice Cases Minor cases: Up to $10,000. Short-term disabilities: $10,000 to $30,000. Cases that require corrective measures: $30,000 to $100,000. Severe cases: $100,000 to $500,000. Permanent injury: Over $1,000,000.