A. Evidence of an advance payment is not admissible until there is a final judgment in favor of the patient, in which event the court shall reduce the judgment to the patient to the extent of the advance payment. In jury cases where there is a factual dispute concerning an alleged advance payment, all questions of fact relating to such an advance payment shall be resolved by the jury after it has reached its verdict. The advance payment shall inure to the exclusive benefit of the health care provider or a party making the payment in its behalf. In the event the advance payment exceeds the liability of the defendant or the insurer making it, the court shall order any adjustment necessary to equitably apportion the amount which each defendant is obligated to pay, exclusive of costs. In no case shall an advance payment in excess of an award be repayable by the person receiving it.
B. If a health care provider should elect to pay for medical care and related benefits at any time prior to the entry of a judgment, as provided in Section 8 [41-5-8 NMSA 1978] of the Medical Malpractice Act, and subsequently is found not to be liable, its legal and equitable right of recovery for all such payments shall not be foreclosed or prejudiced in any way.
History: 1953 Comp., § 58-33-11, enacted by Laws 1976, ch. 2, § 11.
Emergency clauses. — Laws 1976, ch. 2, § 32 contained an emergency clause and was approved February 27, 1976.
Structure New Mexico Statutes
Article 5 - Medical Malpractice Act
Section 41-5-2 - Purpose of act. (Repealed effective January 1, 2022.)
Section 41-5-3 - Definitions. (Effective January 1, 2022.)
Section 41-5-4 - Ad damnum clause.
Section 41-5-5 - Qualifications.
Section 41-5-5 - Qualifications. (Effective January 1, 2022.)
Section 41-5-6 - Limitation of recovery.
Section 41-5-6 - Limitation of recovery. (Effective January 1, 2022.)
Section 41-5-7 - Future medical expenses.
Section 41-5-7 - Medical expenses and punitive damages. (Effective January 1, 2022.)
Section 41-5-8 - Medical benefits prior to judgment.
Section 41-5-9 - District court; continuing jurisdiction.
Section 41-5-9 - District court; continuing jurisdiction. (Effective January 1, 2022.)
Section 41-5-10 - Patient; future examinations and hearings. (Repealed effective January 1, 2022.)
Section 41-5-11 - Set-off of advance payments.
Section 41-5-12 - Claims for compensation not assignable.
Section 41-5-13 - Limitations.
Section 41-5-13 - Limitations. (Effective January 1, 2022.)
Section 41-5-14 - Medical review commission; independent providers.
Section 41-5-15 - Commission decision required; application.
Section 41-5-15 - Commission decision required; application. (Effective January 1, 2022.)
Section 41-5-16 - Application procedure.
Section 41-5-16 - Application procedure. (Effective January 1, 2022.)
Section 41-5-17 - Panel selection.
Section 41-5-17 - Panel selection. (Effective January 1, 2022.)
Section 41-5-18 - Time and place of hearing.
Section 41-5-18 - Time and place of hearing. (Effective January 1, 2022.)
Section 41-5-19 - Hearing procedures.
Section 41-5-19 - Hearing procedures. (Effective January 1, 2022.)
Section 41-5-20 - Panel deliberations and decision.
Section 41-5-21 - Director; rules of procedure.
Section 41-5-22 - Tolling of statute of limitation.
Section 41-5-23 - Provision of expert witness.
Section 41-5-24 - Maintenance of records.
Section 41-5-26 - Malpractice coverage.
Section 41-5-26.1 - Birthing workforce retention fund created.
Section 41-5-27 - Report by district court clerks.
Section 41-5-28 - Payment of medical review commission expenses.
Section 41-5-28 - Payment of medical review commission expenses. (Effective January 1, 2022.)
Section 41-5-29 - Fund reports. (Effective January 1, 2022.)