# Total damages · New Mexico — Medical malpractice noneconomic damages caps by state

For Total damages · New Mexico, state is New Mexico; type of cap is Total damages; cap amount is $5 million cap on total damages for hospitals; constitutional status is In force; statutory citation is New Mexico Statutes § 41-5-6, recorded from its source on 2026-08-31.

- **State:** New Mexico _(our reading, not quoted from the source)_
- **Type of cap:** Total damages _(our reading, not quoted from the source)_
- **Cap amount:** $5 million cap on total damages for hospitals _(verified: appears in the quote below)_
- **Constitutional status:** In force _(our reading, not quoted from the source)_
- **Statutory citation:** New Mexico Statutes § 41-5-6. _(verified: appears in the quote below)_

## What the source says

> New Mexico In 2024, a $5 million cap on total damages for hospitals, (excluding punitive damages (PD) and past and future medical care). In 2024, the cap for independent outpatient facilities is $1m. For independent physicians, the cap in 2023 was 750k and it is adjusted annually per CPI. Any award in excess of these caps shall be paid by the patient compensation fund. New Mexico Statutes § 41-5-6.

## Source

- https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf

Last verified: 2026-08-31. Review by: 2027-02-27.
Part of [Medical malpractice noneconomic damages caps by state](https://referencesource.org/state-medical-malpractice-damages-caps/).