The New Mexico Tort Claims Act creates many obstacles to fair compensation for patients who have suffered harm as a result of medical malpractice by governmental medical providers. There is no good reason for these hurdles other than to shield governmental medical providers from responsibility for the harms they cause.
Once past these early deadlines, the statute of limitations is greatly shortened. The statute of limitations in claims against private entities for personal injury or wrongful death is 3 years in New Mexico. For claims against the government, it is only 2 years.
Keep in mind that for personal injury claims, an additional $300,000 may be recovered under the Act for past and future medical expense.
In any event, in cases of serious personal injury or wrongful death, these limits will not come close to fully and fairly compensating a victim and his or her family. The limits simply shift the burden of catastrophic medical negligence to the victim and away from the government.
Albuquerque personal injury and wrongful death attorneys, Collins & Collins, P.C. can be reached at (505) 242-5958.