The Patient Compensation Fund ("PCF") was established in 1978 by the New Mexico Medical Malpractice Act NMSA 1978, § 41-5-1, et seq. The PCF is funded solely through the surcharges paid by its participants and is administrated by the Superintendent of Insurance.

The purpose of the PCF is to promote the availability of coverage for medical professional liability to health care providers practicing in New Mexico. The PCF provides an excess layer of coverage to doctors, hospitals, and other health care providers who qualify under the provisions of the Medical Malpractice Act. The PCF provides limitations on monetary awards, time limits for filing claims, and mandatory panel review of claims.


Most health care providers participating in the PCF meet the financial responsibility requirements of the Act by purchasing medical malpractice insurance policies written on occurrence policy forms at $200,000 per claim from PCF authorized insurers. These insurers collect the primary layer of premium and the PCF surcharge from the health care provider and remit it to the PCF.


Who Can Participate

  • Doctors of medicine
  • Doctors of Osteopathy
  • Chiropractors
  • Podiatrists
  • Nurse Anesthetists
  • Physicians' assistants
  • Hospitals
  • Outpatient Healthcare Facilities