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New Mexico Medical Malpractice Insurance

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Cunningham Group is here for New Mexico Physicians & Medical Professionals

We are Medical Malpractice Insurance Specialists helping physicians, medical professionals and medical groups across specialties get medical malpractice coverage at cost-effective rates – as well as providing valuable tools and resources.

Founded in 1947, our experienced liability specialists will customize a policy to the specific needs of you and your practice.
Get all the physician discounts you are entitled to, including: Risk Management, Claims-free and New to Practice.
We ensure you receive Prior Acts, so you avoid purchasing separate tail malpractice coverage.
We publish historic rate data for every county in the State, in partnership with the Medical Liability Monitor – the nation’s leading independent source of Medical Liability Insurance and healthcare industry news.
Access to ALL MD, our network of Connecticut healthcare defense lawyers. Free Practice Tools, including Online Patient Satisfaction Survey System and Risk Management tools.
Experience excellent customer service with our dedicated account team.

Cunningham Group Has You Covered

On average, Cunningham Group saves Physicians and Medical Professionals 20% on their medical malpractice insurance.

2021 New Mexico Malpractice Insurance Marketplace Guide

New Mexico Med-Mal Fast Facts

  • Most Common Limits of Liability: $200,000/$600,000
  • Major Malpractice Insurers:
    • The Doctors Company
    • Medical Protective Company
    • Preferred Professional Insurance Company
    • Mountain States Healthcare Reciprocal RRG
    • American Excess Insurance Exchange RRG
  • Cost of Medical Malpractice Insurance: Low
  • Pending State Legislation in 2021 that could affect your rates?: No

The New Mexico Malpractice Landscape

New Mexico premiums are lower than in most states, and the state has worked hard to achieve these lower rates. New Mexico is one of only eight states with a Patient Compensation Fund (PCF), and the state has a $600,000 cap on total damages (excluding punitive damages and past and future medical care). New Mexico is unique among states in that standard insurance carriers are only permitted to offer occurrence medical malpractice policies. Though claims-made policies are far more common nationwide, only surplus-line carriers can offer them in New Mexico. Read about the difference between claims-made and occurrence policies here.

Tort Reform in New Mexico

New Mexico first addressed its medical liability system through the New Mexico Medical Malpractice Act, passed in 1976 in response to the nationwide malpractice crisis of the 1970s. Written with input from the New Mexico Medical Society, the Act better defined the standard of care; restricted actions based on a lack of informed consent; prohibited the ad damnum clause (the section of a legal complaint specifying the dollar amount of damages); established a statute of limitations; establish a medical review commission; and limited the dollar amount of recoverable damages.

Among the most important parts of the act was the $500,000 limit on total damages, not including punitive damages and medical-care-related expenses. This amount has since been raised to $600,000. In 2011, there was an attempt to raise the cap on liability awards from $600,000 to $1 million in return for revising language that excluded medical corporations from the protections of the Medical Malpractice Act. The New Mexico Medical Board unanimously agreed to the amendments, but Gov. Susana Martinez vetoed the resulting bill because she felt the changes could lead to an increase in the number of frivolous lawsuits and cost of medical malpractice insurance.

Enacted as companion legislation to the Medical Malpractice Act, the New Mexico Professional Liability Fund Act of 1976 established a patient compensation fund. The fund is a state-established liability funding mechanisms that provides medical malpractice coverage in excess of the primary insurance requirements of the applicable state. The fund limits the amount of damages that may be awarded against an enrolled healthcare provider, thus limiting their liability and lowering medical professional liability insurance premiums. The fund is capitalized solely through surcharges (i.e. premiums) levied against its member healthcare providers. A total of six other states currently operate a patient compensation similar to New Mexico’s.

In 2017, the New Mexico Supreme Court took on the curious case of Montano v. Frezza. At the heart of the case was whether residents of New Mexico could sue Texas physician in a New Mexico court for malpractice that allegedly occurred in Texas. Thousands of rural New Mexico residents travel to Texas for medical treatment each year. Texas has arguably the strictest medical liability tort reforms in the nation, and New Mexico is generally considered a more plaintiff friendly state to pursue a medical liability claim. At risk was whether Texas physicians would continue to see New Mexican patients. The New Mexico Supreme Court ultimately decided Texas physicians could not be sued in New Mexico’s court system for healthcare rendered in Texas.

In 2018, the Second Judicial District Court in Albuquerque recently struck down a New Mexico law that caps damages in medical professional liability lawsuits at $600,000. The cap does not apply to medical expenses, but does cover compensation for things like lost wages and noneconomic, pain-and-suffering damages. Judge Victor Lopez ruled that the New Mexico Medical Malpractice Act is unconstitutional because it unjustly violates a plaintiff’s right to receive an unaltered jury verdict. We fully expect the decision to be appealed.

Does New Mexico have…

  • Damage Caps? Yes, total damages are capped at $600,000, excluding punitive damages and future medical care. (May 2018 update: The Second Judicial Court in Albuquerque recently struck down the New Mexico law that caps damages at $600,000. The case is expected to be appealed and Cunningham Group will keep you updated on all the latest developments as they come. Click here to read more about the court’s decision.)
  • Patient Compensation Fund? Yes, read the details of New Mexico’s PCF above.
  • Apology Law? No
  • Collateral Source Reform? No
  • Periodic Payments? Yes, future medical expenses are claimed as they are incurred.
  • Joint Liability Reform? Yes, defendants are proportionally responsible for their share of negligence only, except when the defendant intended to inflict injury or in certain other circumstances.
  • Limits on Plaintiff Attorney’s Fees? No

Medical Malpractice Rates in New Mexico


Medical malpractice rates in New Mexico are low, with rates holding increasing slightly in recent years. New Mexico physicians will pay a premium for their own policy, as well as a surcharge for the coverage they receive through the state’s Patient Compensation Fund.

Get Historic Rates

By combining our efforts with those of the Medical Liability Monitor – the nation’s leading independent source of Medical Liability Insurance news, as well as the political, legal and risk management issues that affect the healthcare industry – we’ve published historic rate data for every county in the Land of Enchantment. You can view all the rates by completing the three simple steps on the left of this page. You’ll find the insights offered by this information invaluable when making your decision on your medical malpractice insurance coverage and carriers. This is only one of the many reasons that Cunningham Group Insurance has become the preferred online source for New Mexico physicians, healthcare professionals and medical groups looking to find the best coverage and lower their medical malpractice insurance rates.

Coverage by New Mexico County

Rates are constant across the 33 counties of New Mexico. Physicians practicing in Bernalillo County, which includes Albuquerque and the surrounding areas, or Doña Ana County, where the state’s second-largest city, Las Cruces, is located, will pay the same rates as physicians in the rest of the state.

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