Torts Claims Statutes: Medical Malpractice Claims Against Government Run Facilities
In New Mexico, many of the hospitals, clinics and other medical provider facilities are run by State, county or local government. All claims against the government, including those for medical malpractice, fall under New Mexico’s Torts Claims Act.
The New Mexico Tort Claims Act has very important deadlines not present in claims against private doctors or facilities. Under most medical malpractice claims in New Mexico, the statute of limitations is 3 years as so with all other personal injury claims in the state. Under the Tort Claims Act, the statute of limitations in medical malpractice claims against governmental run medical providers or the doctors employed by such provider is only 2 years. This means that a lawsuit must be filed within 2 years of the date of alleged negligence or the claim is barred completely.
Well before the 2 years statute of limitations will become an issue, there is Tort Claims Notice requirement for all claims against the government. Under the Tort Claims Act, a Tort Claims Notice must be sent to the defendant medical facility, provider and doctor within 90 days of the alleged negligent act. This means that a Notice must be sent to the relevant entities stating the existence of the claim, the date of alleged act of negligence, the nature of the negligence, and the entity or individual responsible for the negligence. This Notice requirement is very strict and failure to properly send the Notice will bar the claim completely.
These deadlines can come up pretty quickly. The 90 day deadline is very short and it is not uncommon for patients to miss this deadline as they contemplate whether or not to take action. Thus, if you or a loved one have been injured by the negligence of a doctor, you should consult an attorney immediately to insure that the Tort Claims Notice is sent out in a timely manner.
The New Mexico Tort Claims Act has very important deadlines not present in claims against private doctors or facilities. Under most medical malpractice claims in New Mexico, the statute of limitations is 3 years as so with all other personal injury claims in the state. Under the Tort Claims Act, the statute of limitations in medical malpractice claims against governmental run medical providers or the doctors employed by such provider is only 2 years. This means that a lawsuit must be filed within 2 years of the date of alleged negligence or the claim is barred completely.
Well before the 2 years statute of limitations will become an issue, there is Tort Claims Notice requirement for all claims against the government. Under the Tort Claims Act, a Tort Claims Notice must be sent to the defendant medical facility, provider and doctor within 90 days of the alleged negligent act. This means that a Notice must be sent to the relevant entities stating the existence of the claim, the date of alleged act of negligence, the nature of the negligence, and the entity or individual responsible for the negligence. This Notice requirement is very strict and failure to properly send the Notice will bar the claim completely.
These deadlines can come up pretty quickly. The 90 day deadline is very short and it is not uncommon for patients to miss this deadline as they contemplate whether or not to take action. Thus, if you or a loved one have been injured by the negligence of a doctor, you should consult an attorney immediately to insure that the Tort Claims Notice is sent out in a timely manner.
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