Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, resulting in injury, illness, or death. New Mexico’s Medical Malpractice Act (NMSA § 41-5) governs claims against licensed providers and facilities. To succeed, a plaintiff must prove:

• Duty of Care: The provider had a responsibility to deliver competent care
• Breach of Duty: The provider failed to meet the accepted medical standard of care
• Causation: That failure directly caused harm
• Damages: The patient suffered physical, emotional, or financial loss

Key Factors:

• Expert testimony may be required to establish negligence when malpractice occurs at an IHS facility or tribally operated clinic under a federal contract, claims may fall under the the Federal Tort Claims Act (FTCA)
• Damage caps may apply.

Key Features:

• Under the FTCA, a tort claim notice must be filed against the United States before a suit can be filed
• The Office of General Counsel and the Department of Justice review and defend claims
• Intentional acts (e.g., assault) are not covered
• If approved, settlements are paid by the federal government—not the provider