41-5-14. Medical review commission; independent providers.
266 words·~1 min read·
/nm/chapter-41-torts/article-5-medical-malpractice-act/41-5-14·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. The "New Mexico medical review commission" is created. The function of the New Mexico medical review commission is to provide panels to review all malpractice claims against independent providers who are natural persons covered by the Medical Malpractice Act.
B. Those eligible to sit on a panel shall consist of health care providers licensed pursuant to New Mexico law and residing in New Mexico and members of the state bar.
C. The only cases that a panel will consider are cases involving an alleged act of malpractice occurring in New Mexico by an independent provider qualified under the Medical Malpractice Act. Beginning July 1, 2021, cases involving an alleged act of malpractice by a hospital or outpatient health care facility shall not be considered and such claims shall not be filed with the New Mexico medical review commission.
D. An attorney shall submit a case for the consideration of a panel, prior to filing a complaint in any district court or other court sitting in New Mexico, by addressing an application, in writing, signed by the patient or the patient's attorney, to the director of the New Mexico medical review commission.
E. The director of the New Mexico medical review commission shall be an attorney appointed by and serving at the pleasure of the chief justice of the New Mexico supreme court.
F. The chief justice shall set the director's salary and report the salary to the superintendent in the superintendent's capacity as custodian of the fund.
History: 1953 Comp., § 58-33-14, enacted by Laws 1976, ch. 2, § 14; 2021, ch. 16, § 7.