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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 (Repealed effective January 1, 2022.)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Section 41-5-6.1 - Repealed.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 — Laws 1992, ch. 33, § 18 repealed 41-5-6.1...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 (Repealed effective January 1, 2022.)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...