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Article 1 - Settlements, Releases and Statements
Section 41-1-1 - Settlements, releases and statements of injured patients; acknowledgement required; notice. - A. No person whose interest is or may become adverse...
Section 41-1-2 - Settlements, releases and statements; applicability. - The provisions of this act [41-1-1, 41-1-2 NMSA 1978] relating...
Article 1A - Forum Selection and Choice of Law (Repealed.)
Section 41-1A-1 - Repealed. - History: Laws 2016, ch. 34, § 1; repealed by Laws...
Article 2 - Wrongful Death; Actions for Damages
Section 41-2-1 - [Death by wrongful act or neglect; liability in damages.] - Whenever the death of a person shall be caused by...
Section 41-2-2 - Limitation of actions. - Every action instituted by virtue of the provisions of this...
Section 41-2-3 - Personal representative to bring action; damages; distribution of proceeds. - Every action mentioned in Section 41-2-1 NMSA 1978 shall be...
Section 41-2-4 - Death caused by railroad, stage coach or public conveyance; action for damages; defense. - Whenever any person shall die from any injury resulting from,...
Article 3 - Contribution Among Tortfeasors
Section 41-3-1 - Joint tortfeasors defined. - For the purposes of this act [41-3-1 to 41-3-8 NMSA...
Section 41-3-2 - Right of contribution; accrual; pro rata share. - A. The right of contribution exists among joint tortfeasors. B....
Section 41-3-3 - Judgment against one tortfeasor. - The recovery of a judgment by the injured person against...
Section 41-3-4 - Release; effect on injured person's claim. - A release by the injured person of one joint tortfeasor,...
Section 41-3-5 - Release; effect on right of contribution. - A release by the injured person of one joint tortfeasor...
Section 41-3-6 - Indemnity. - This act [41-3-1 to 41-3-8 NMSA 1978] does not impair...
Section 41-3-7 - Uniformity of interpretation. - This act [41-3-1 to 41-3-8 NMSA 1978] shall be so...
Section 41-3-8 - Short title. - This act [41-3-1 to 41-3-8 NMSA 1978] may be cited...
Article 3A - Several Liability
Section 41-3A-1 - Several liability. - A. In any cause of action to which the doctrine...
Section 41-3A-2 - Definition. - As used in this act, "person" means any individual or...
Article 4 - Tort Claims
Section 41-4-1 - Short title. - Sections 41-4-1 through 41-4-27 NMSA 1978 may be cited as...
Section 41-4-2 - Legislative declaration. - A. The legislature recognizes the inherently unfair and inequitable results...
Section 41-4-3 - Definitions. - As used in the Tort Claims Act: A. "board" means...
Section 41-4-4 - Granting immunity from tort liability; authorizing exceptions. - A. A governmental entity and any public employee while acting...
Section 41-4-5 - Liability; operation or maintenance of motor vehicles, aircraft and watercraft. - The immunity granted pursuant to Subsection A of Section 41-4-4...
Section 41-4-6 - Liability; buildings, public parks, machinery, equipment and furnishings. - A. The immunity granted pursuant to Subsection A of Section...
Section 41-4-7 - Liability; airports. - A. The immunity granted pursuant to Subsection A of Section...
Section 41-4-8 - Liability; public utilities. - A. The immunity granted pursuant to Subsection A of Section...
Section 41-4-9 - Liability; medical facilities. - The immunity granted pursuant to Subsection A of Section 41-4-4...
Section 41-4-10 - Liability; health care providers. - The immunity granted pursuant to Subsection A of Section 41-4-4...
Section 41-4-11 - Liability; highways and streets. - A. The immunity granted pursuant to Subsection A of Section...
Section 41-4-12 - Liability; law enforcement officers. - The immunity granted pursuant to Subsection A of Section 41-4-4...
Section 41-4-13 - Exclusions from waiver of immunity; community ditches or acequias; Sanitary Projects Act associations. - All community ditches or acequias, and their public employees acting...
Section 41-4-14 - Defenses. - A governmental entity and its public employees may assert any...
Section 41-4-15 - Statute of limitations. - A. Actions against a governmental entity or a public employee...
Section 41-4-16 - Notice of claims. - A. Every person who claims damages from the state or...
Section 41-4-16.1 - Civil action; damages incurred while imprisoned; notice to victim. - Upon the filing of a civil action by an individual...
Section 41-4-17 - Exclusiveness of remedy. - A. The Tort Claims Act shall be the exclusive remedy...
Section 41-4-18 - Jurisdiction; appeals; venue. - A. Exclusive original jurisdiction for any claim under the Tort...
Section 41-4-19 - Maximum liability. - A. Unless limited by Subsection B of this section, in...
Section 41-4-20 - Coverage of risks; insurance. - A. It shall be the duty of governmental entities to...
Section 41-4-21 - Application of act. - The provisions of the Tort Claims Act shall not affect...
Section 41-4-22 - Insurance fund. - There is created the "insurance fund" to purchase insurance for...
Section 41-4-23 - Public liability fund created; purposes. - A. There is created the "public liability fund". The fund...
Section 41-4-24 - Consulting and claims adjusting contracts. - A. Notwithstanding any other provision of law, the risk management...
Section 41-4-25 - Public liability fund; municipal public liability fund; local public body participation; educational entity participation. - A. Except as provided in Subsections B and C of...
Section 41-4-26 - Home rule municipality tort claims ordinances; severability; applicability. - A. Any provision of an ordinance adopted by a home...
Section 41-4-27 - Home rule municipality; joint powers agreements; coverage. - A. Any county covered through the public liability fund pursuant...
Section 41-4-28 - Coverage for liability subject to foreign jurisdiction's law. - A. Coverage which may be provided for liability arising under...
Section 41-4-29 - Governmental entities; health care students liability coverage; authority to purchase. - A. Governmental entities may purchase public liability fund coverage, if...
Section 41-4-30 - Liability coverage; certain community land grants. - Notwithstanding the provisions of Paragraph (1) of Subsection A of...
Article 4A - New Mexico Civil Rights
Section 41-4A-1 - Short title. - This act [41-4A-1 to 41-4A-13 NMSA 1978] may be cited...
Section 41-4A-2 - Definition. - As used in the New Mexico Civil Rights Act, "public...
Section 41-4A-3 - Claim for violation of rights established pursuant to the bill of rights of the constitution of New Mexico. - A. A public body or person acting on behalf of,...
Section 41-4A-4 - Prohibiting the use of the defense of qualified immunity. - In any claim for damages or relief under the New...
Section 41-4A-5 - Attorney fees. - In any action brought under the New Mexico Civil Rights...
Section 41-4A-6 - Limitation on recovery. - A. In any action for damages against a public body...
Section 41-4A-7 - Statute of limitations and abatement. - A claim made pursuant to the New Mexico Civil Rights...
Section 41-4A-8 - Indemnification by public body. - A judgment awarded pursuant to the New Mexico Civil Rights...
Section 41-4A-9 - Waiver of sovereign immunity. - The state shall not have sovereign immunity for itself or...
Section 41-4A-10 - Common law judicial, legislative or other established immunity. - The prohibition on the use of the defense of qualified...
Section 41-4A-11 - Records of claims. - Each public body shall maintain a record of all final...
Section 41-4A-12 - Prospective application. - Claims arising solely from acts or omissions that occurred prior...
Section 41-4A-13 - Notice of claims. - A. Every person who claims damages from an act or...
Article 5 - Medical Malpractice Act
Section 41-5-1 - Short title. - Chapter 41, Article 5 NMSA 1978 may be cited as...
Section 41-5-2 - Purpose of act. (Repealed effective January 1, 2022.) - The purpose of the Medical Malpractice Act is to promote...
Section 41-5-3 - Definitions. - As used in the Medical Malpractice Act: A. "health care...
Section 41-5-3 - Definitions. (Effective January 1, 2022.) - As used in the Medical Malpractice Act: A. "advisory board"...
Section 41-5-4 - Ad damnum clause. - A patient or his representative having a malpractice claim for...
Section 41-5-5 - Qualifications. - A. To be qualified under the provisions of the Medical...
Section 41-5-5 - Qualifications. (Effective January 1, 2022.) - A. To be qualified under the provisions of the Medical...
Section 41-5-6 - Limitation of recovery. - A. Except for punitive damages and medical care and related...
Section 41-5-6 - Limitation of recovery. (Effective January 1, 2022.) - A. Except for punitive damages and past and future medical...
Section 41-5-6.1 - Repealed. - Repeals. — Laws 1992, ch. 33, § 18 repealed 41-5-6.1...
Section 41-5-7 - Future medical expenses. - A. In all malpractice claims where liability is established, the...
Section 41-5-7 - Medical expenses and punitive damages. (Effective January 1, 2022.) - A. Awards of past and future medical care and related...
Section 41-5-8 - Medical benefits prior to judgment. - A health care provider named as a defendant in a...
Section 41-5-9 - District court; continuing jurisdiction. - A. The district court from which final judgment issues shall...
Section 41-5-9 - District court; continuing jurisdiction. (Effective January 1, 2022.) - The district court from which final judgment issued shall have...
Section 41-5-10 - Patient; future examinations and hearings. (Repealed effective January 1, 2022.) - A. Any health care provider shall be entitled to have...
Section 41-5-11 - Set-off of advance payments. - A. Evidence of an advance payment is not admissible until...
Section 41-5-12 - Claims for compensation not assignable. - A patient's claim for compensation under the Medical Malpractice Act...
Section 41-5-13 - Limitations. - No claim for malpractice arising out of an act of...
Section 41-5-13 - Limitations. (Effective January 1, 2022.) - No claim for malpractice may be brought against a health...
Section 41-5-14 - Medical review commission; independent providers. - A. The "New Mexico medical review commission" is created. The...
Section 41-5-15 - Commission decision required; application. - A. No malpractice action may be filed in any court...
Section 41-5-15 - Commission decision required; application. (Effective January 1, 2022.) - A. No malpractice action may be filed in any court...
Section 41-5-16 - Application procedure. - A. Upon receipt of an application for review, the commission's...
Section 41-5-16 - Application procedure. (Effective January 1, 2022.) - A. Upon receipt of an application for review, the New...
Section 41-5-17 - Panel selection. - A. Applications for review shall be promptly transmitted by the...
Section 41-5-17 - Panel selection. (Effective January 1, 2022.) - A. Applications for review shall be promptly transmitted by the...
Section 41-5-18 - Time and place of hearing. - A date, time and place for hearing shall be fixed...
Section 41-5-18 - Time and place of hearing. (Effective January 1, 2022.) - A date, time and place for hearing shall be fixed...
Section 41-5-19 - Hearing procedures. - A. At the time set for hearing, the attorney submitting...
Section 41-5-19 - Hearing procedures. (Effective January 1, 2022.) - A. At the time set for hearing, the attorney submitting...
Section 41-5-20 - Panel deliberations and decision. - A. The deliberations of the panel shall be and remain...
Section 41-5-21 - Director; rules of procedure. - The director is authorized to adopt and publish rules of...
Section 41-5-22 - Tolling of statute of limitation. - The running of the applicable limitation period in a malpractice...
Section 41-5-23 - Provision of expert witness. - In any malpractice claim where the panel has determined that...
Section 41-5-24 - Maintenance of records. - The director shall maintain records of all proceedings before the...
Section 41-5-25 - Patient's compensation fund; third-party administrator; actuarial studies; surcharges; claims; proration; proofs of authenticity. - A. The "patient's compensation fund" is created as a nonreverting...
Section 41-5-25.1 - Patient's compensation fund advisory board; created; membership; powers and duties. - A. The "patient's compensation fund advisory board" is created to...
Section 41-5-26 - Malpractice coverage. - A. The filing of proof of financial responsibility with the...
Section 41-5-26.1 - Birthing workforce retention fund created. - A. The "birthing workforce retention fund" is created in the...
Section 41-5-27 - Report by district court clerks. - Within thirty days of entry of judgment, the clerk of...
Section 41-5-28 - Payment of medical review commission expenses. - Unless otherwise provided by law, expenses incurred in carrying out...
Section 41-5-28 - Payment of medical review commission expenses. (Effective January 1, 2022.) - Unless otherwise provided by law, expenses incurred in carrying out...
Section 41-5-29 - Reports. - On January 31 of each year, the superintendent shall, upon...
Section 41-5-29 - Fund reports. (Effective January 1, 2022.) - On January 31 of each year, the superintendent shall, upon...
Article 6 - Professional Liability Fund Act (Repealed.)
Section 41-6-1 to 41-6-14 - Repealed. - Repeals. — Laws 1976, ch. 5, § 15 repealed 41-6-1...
Article 7 - Libel and Slander
Section 41-7-1 - [Limitation of tort actions based on single publication or utterance; damages recoverable.] - No person shall have more than one cause of action...
Section 41-7-2 - [Judgment as res judicata.] - A judgment in any jurisdiction for or against the plaintiff...
Section 41-7-3 - [Uniformity of interpretation.] - This act [41-7-1 to 41-7-5 NMSA 1978] shall be so...
Section 41-7-4 - [Short title.] - This act [41-7-1 to 41-7-5 NMSA 1978] may be cited...
Section 41-7-5 - [Retroactive effect.] - This act [41-7-1 to 41-7-5 NMSA 1978] shall not be...
Section 41-7-6 - [Defamation by radio and television; liability of owner, licensee or operator; compliance with federal law.] - The owner, licensee or operator of a visual or sound...
Article 8 - Arson Reporting Immunity
Section 41-8-1 - Short title. - This act [41-8-1 to 41-8-6 NMSA 1978] may be cited...
Section 41-8-2 - Definitions. - As used in the Arson Reporting Immunity Act: A. "authorized...
Section 41-8-3 - Disclosure and information. - A. Any authorized agency may, in writing, require the insurance...
Section 41-8-4 - Evidence. - Any authorized agency or insurance company described in Section 2...
Section 41-8-5 - Enforcement. - Any person who fails to hold in confidence information required...
Section 41-8-6 - Jurisdiction not affected. - The provisions of the Arson Reporting Immunity Act shall not...
Article 9 - Review Organization Immunity
Section 41-9-1 - Short title. - This act [41-9-1 to 41-9-7 NMSA 1978] may be cited...
Section 41-9-2 - Definitions. - As used in the Review Organization Immunity Act: A. "person"...
Section 41-9-3 - Limitation on liability for persons providing information to review organization. - No person providing information to a review organization shall be...
Section 41-9-4 - Limitation on liability for members of review organizations. - No person who is a member or employee of, who...
Section 41-9-5 - Confidentiality of records of review organization. - A. Except as provided in Subsection B of this section,...
Section 41-9-6 - Penalty for violation. - Any disclosure other than that authorized by the Review Organization...
Section 41-9-7 - Protection of patient. - Nothing contained in the Review Organization Immunity Act shall be...
Article 10 - Food Donors Liability
Section 41-10-1 - Short title. - This act [41-10-1 to 41-10-3 and 41-10-4 NMSA 1978] may...
Section 41-10-2 - Definitions. - As used in the Food Donors Liability Act: A. "canned...
Section 41-10-3 - Food donors liability protection; purpose; donors or distributors of canned or perishable food; limit on liability for injury. - A. Notwithstanding any other provision of law, any person who...
Section 41-10-4 - Community college culinary programs as distributors of food. - Culinary programs at community colleges may prepare food to be...
Section 41-10-5 - Donated game meat products. - A. Wild game meat products may be donated by hunters,...
Article 11 - Alcoholic Licensees Liability
Section 41-11-1 - Tort liability for alcoholic liquor sales or service. - A. No civil liability shall be predicated upon the breach...
Article 12 - Athletic Organization Volunteers
Section 41-12-1 - Athletic organization volunteer civil liability; conviction of violation of law required. - Any person or entity who acts without compensation and renders...
Section 41-12-2 - Interpretation. - Nothing contained in this act [41-12-1, 41-12-2 NMSA 1978] shall...
Article 13 - Governmental Immunity
Section 41-13-1 - Short title. - Sections 2 through 4 [41-13-1 to 41-13-3 NMSA 1978] of...
Section 41-13-2 - Definitions. - As used in the Governmental Immunity Act: A. "employment" includes...
Section 41-13-3 - Governmental civil immunity established. - A governmental entity, a public employee and an immune contractor...
Article 14 - Space Flight Informed Consent
Section 41-14-1 - Short title. - Chapter 41, Article 14 NMSA 1978 may be cited as...
Section 41-14-2 - Definitions. - As used in the Space Flight Informed Consent Act: A....
Section 41-14-3 - Limited liability. - A. Except as provided in Subsection B of this section,...
Section 41-14-4 - Warning and acknowledgment required. - A. A space flight entity providing space flight activities to...