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The act caps the amount of most damage awards in medical malpractice cases. The cap is $600,000 for non-economic damages, such as pain and suffering. This cap excludes economic damages, such as medical treatment and ongoing rehabilitation.

In June, 2006, an independent national institution known as Conamed was created by presidential decree whose responsibilities include arbitrating medical malpractice claims in Mexico. The staff and reviewers at Conamed are paid by the government.

As a general guideline, the statute of limitations to file a personal injury case is: Two years from the date of the accident for a claim against a governmental entity, including a 90-day tort claim notice from the date of the accident. ?Three years from the date of the accident for personal injuries suffered.

Litigation in Mexico has an adversarial nature, but the courts have broad powers to conduct the proceeding in the most efficient way, including deciding how evidence is submitted. The party asserting a claim generally has the burden to prove the facts supporting it, and to invoke the applicable legal provisions.

New Mexico has no specific statutes governing the time to file a legal malpractice case, and as a result, parties have often disputed about which limitations statute is applicable: (1) NMSA 1978, § 37-1-4, which applies a four-year limitations period to all claims based upon accounts, written contract, injuries to ...

In New Mexico, the state's civil statute of limitations is three years for personal injury or defamation and four years for injury to personal property and most other civil claims. New Mexico's criminal statute of limitations ranges from three to six years for felonies and one to two years for misdemeanors.