## How the limitation period applies

The controlling primary authority for US-NM medical malpractice SOL (N.M. Stat. Ann. § 41-5-13) is **N.M. Stat. Ann. § 41-5-13**.

> **N.M. Stat. Ann. § 41-5-13.** No claim for malpractice may be brought against a health care provider unless filed within three years after the date that the act of malpractice occurred, except that the times limited for the bringing of actions by minors and incapacitated persons shall be extended so that they shall have one year from and after the age of majority or termination of incapacity within which to commence the actions.

## Related statutes

### N.M. Stat. Ann. § 41-5-13 — Medical Malpractice Act — Limitations

> No claim for malpractice may be brought against a health care provider unless filed within three years after the date that the act of malpractice occurred, except that the times limited for the bringing of actions by minors and incapacitated persons shall be extended so that they shall have one year from and after the age of majority or termination of incapacity within which to commence the actions.

## Use the calculator

DocketMath's statute-of-limitations tool can model these timelines once you identify the controlling claim type and accrual date. Use the source panel for the verified primary-source citations.

[Open the Statute of Limitations calculator](/tools/statute-of-limitations)

## Sources

- [N.M. Stat. Ann. § 41-5-13 — Medical Malpractice Act — Limitations](https://law.justia.com/codes/new-mexico/chapter-41/article-5/section-41-5-13/)
- [N.M. Stat. Ann. § 41-5-13 — Medical Malpractice Act — Limitations](https://codes.findlaw.com/nm/chapter-41-torts/nm-st-sect-41-5-13/)

Verified across multiple secondary sources cross-referenced for agreement: `law.justia.com`, `codes.findlaw.com`.

**Corroboration method:** spa_subagent_dual_fetch.


Statute of limitations for medical malpractice in New Mexico — backed by real statute citations.

Statute of limitations for medical malpractice in New Mexico

Those founded upon accounts and unwritten contracts; those brought for injuries to property or for the conversion of personal property or for relief upon the ground of fraud, and all other actions not herein otherwise provided for and specified within four years.

three years from the date that a person first disclosed the person's childhood sexual abuse to a licensed medical or mental health care provider in the context of receiving health care from the provider

No action to recover damages for any injury to property, real or personal, or for injury to the person, or for bodily injury or wrongful death, arising out of the defective or unsafe condition of a physical improvement to real property, nor any action for contribution or indemnity for damages so sustained, against any person performing or furnishing the construction or the design, planning, supervision, inspection or administration of construction of such improvement to real property, and on account of such activity, shall be brought after ten years from the date of substantial completion of such improvement; provided this limitation shall not apply to any action based on a contract, warranty or guarantee which contains express terms inconsistent herewith.

Any person who suffers any loss of money or property, real or personal, as a result of any employment by another person of a method, act or practice declared unlawful by the Unfair Practices Act may bring an action to recover actual damages or the sum of one hundred dollars ($100), whichever is greater. The court may award attorney fees and costs to the party complaining. Such an action shall be brought within four years after the cause of action accrues.

Actions must be brought against sureties on official bonds and on bonds of guardians, conservators, personal representatives and persons acting in a fiduciary capacity, within two years after the liability of the principal or the person from whom they are sureties is finally established or determined by a judgment or decree of the court, and for an injury to the person or reputation of any person, within three years.

See NMSA 1978, § 37-1-4 (four years, unspecified actions); NMSA 1978, § 37-1-8 (three years, injury to person or reputation). The court expressly rejected the two-year limitations period provided in Section 41-4-15 of the New Mexico Tort Claims Act as inappropriate, reasoning that state tort claims acts are based on concepts of sovereign immunity alien to the purposes served by the Civil Rights Act. This court subsequently rejected the reasoning of the federal district court; we concluded that either the three-year limitations period in Section 37-1-8 for personal injuries or the two-year period in Section 41-4-15 of the Tort Claims Act was a more appropriate limitations period.

Those founded on unwritten contracts, those brought for injuries to property or for the conversion of personal property, and all other actions not otherwise provided for and whether arising from contract or tort shall be in four years.

See NMSA 1978, § 37-1-4 (four years, unspecified actions); NMSA 1978, § 37-1-8 (three years, injury to person or reputation).

New Mexico Unfair Practices Act (NMUPA, NMSA 1978, §§ 57-12-1 to -22) claims for consumer fraud or deceptive trade practices carry no dedicated statute of limitations within the Act itself. Under New Mexico law, these claims fall within 'other unspecified actions' and are therefore subject to the four-year limitation period of NMSA 1978, § 37-1-4. The period runs from the date of the unlawful trade practice or, under the discovery rule, from when the plaintiff knew or should have known of the fa

Under NMSA 1978 § 37-1-8, an action for an injury to the person must be brought within three years. New Mexico has no dedicated civil statute of limitations for adult rape or sexual assault victims; the general personal-injury period in § 37-1-8 is the controlling authority. NMSA 1978 § 37-1-30 (childhood sexual abuse SOL) explicitly carves itself out from § 37-1-8, confirming § 37-1-8 governs adult-victim claims. The discovery rule may apply to toll or delay the accrual date.

Statute of limitations for consumer fraud and deceptive trade practices in New Mexico is 4 years under NMSA 1978, § 57-12-10(A), the New Mexico Unfair Practices Act private remedy provision.

NMSA § 37-1-7 provides a 4-year statute of limitations for actions for injuries to property or for the conversion of personal property, which directly covers trespass to chattels and conversion claims in New Mexico.

NMSA 1978 § 37-1-8 provides a 3-year statute of limitations for injury to person or reputation. New Mexico courts apply this 3-year period to wrongful termination common law claims, as wrongful discharge in violation of public policy is a personal injury-type tort in New Mexico.

New Mexico NMSA § 55-2-725 (UCC Article 2) sets a 4-year statute of limitations for breach of contracts for the sale of goods, running from the date the cause of action accrued.

New Mexico general personal injury / negligence claims must be brought within 3 years of accrual under N.M. Stat. Ann. § 37-1-8 (injury to the person or reputation).

New Mexico legal malpractice (personal injury framing) claims must be brought within 3 years of accrual under N.M. Stat. Ann. § 37-1-8 (injury to the person or reputation).

New Mexico libel / written defamation (injury to reputation) claims must be brought within 3 years of accrual under N.M. Stat. Ann. § 37-1-8 (injury to the person or reputation).

New Mexico medical malpractice claims must be brought within 3 years after the act of malpractice under N.M. Stat. Ann. § 41-5-13.

New Mexico wrongful death actions must be brought within 3 years of the date of death under N.M. Stat. Ann. § 41-2-2.

New Mexico actions for injury to the person, including premises-liability slip-and-fall claims, must be brought within 3 years under N.M. Stat. Ann. § 37-1-8.

New Mexico product-liability actions for injury to the person must be brought within 3 years under N.M. Stat. Ann. § 37-1-8.

New Mexico actions founded upon any bond, promissory note, bill of exchange or other contract in writing must be brought within 6 years under N.M. Stat. Ann. § 37-1-3(A).

New Mexico wrongful death actions must be brought within 3 years after the cause of action accrues (date of death) under N.M. Stat. Ann. § 41-2-2.

A claim for breach of fiduciary duty in New Mexico is an action not otherwise specifically provided for and must be brought within four years under NMSA 1978 Section 37-1-4.

A claim for tortious interference with business relations in New Mexico is an action not otherwise specifically provided for and must be brought within four years under NMSA 1978 Section 37-1-4.

The times limited for the bringing of actions by the preceding provisions of this chapter shall, in favor of minors and incapacitated persons, be extended so that they shall have one year from and after the termination of such incapacity within which to commence said actions.

If, after any cause of action shall have accrued against any person, he shall be absent from or out of the state, or concealed therein, the time during which he may be absent from or out of the state, or concealed therein, shall not be included in computing any of the periods of limitation above provided.