Laws vary from state to state, but the elements of a health care liability claim for medical malpractice or medical negligence are generally:

• a physician or health care provider is a defendant;

• the claim or claims at issue concern treatment, lack of treatment, or a departure from accepted standards of medical care or health care, or safety, professional, or administrative services directly related to health care;

• the defendant owed the plaintiff a duty of care;

• the defendant breached its duty of care by not meeting the required standard of care; and

• the defendant’s act or omission proximately caused the plaintiff’s injury (was the primary cause of the injury).

In New Mexico, medical malpractice or medical negligence claims are governed by both state statutes and case law. The elements of such a claim in NM include: (1) the defendant must be a physician or health care provider; (2) the claim must involve treatment, lack of treatment, or a deviation from accepted standards of medical, health, or safety care, or professional or administrative services related to health care; (3) the health care provider owed a duty of care to the plaintiff; (4) the provider breached this duty by failing to meet the standard of care; and (5) the breach of duty was the proximate cause of the plaintiff's injury. New Mexico has a Medical Malpractice Act that outlines specific procedures and limitations for filing medical malpractice claims, including a cap on damages and a requirement for a medical review commission to evaluate the merits of the claim before it proceeds to court. It is important for plaintiffs to adhere to these procedural requirements to maintain a viable medical malpractice claim in New Mexico.