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.
The 2021 amendment, effective July 1, 2021, revised the scope of the medical review commission, and provided that beginning July 1, 2021, cases involving an alleged act of malpractice by a hospital or outpatient health care facility shall not be considered by, or filed with, the medical review commission; in the section heading, after "Medical review commission", added "independent providers"; in Subsection A, after "claims against", deleted "health care" and added "independent", and after "providers", added who are natural persons"; in Subsection C, added "The only", after "New Mexico by", changed "health care providers" to "an independent provider", and after "the Medical Malpractice Act.", added the remainder of the subsection; and in Subsection E, after "the New Mexico medical review commission", changed "will" to "shall".
Claim submitted as of date of mailing. — The date of mailing an application for a claim to the review commission constitutes submission of the claim for purposes of Subsection D of this section. Otero v. Zouhar, 1985-NMSC-021, 102 N.M. 482, 697 P.2d 482, overruled on other grounds by Grantland v. Lea Reg'l Hosp., 1990-NMSC-076, 110 N.M. 378, 796 P.2d 599.
Law reviews. — For article, "Medical Malpractice Legislation in New Mexico," see 7 N.M.L. Rev. 5 (1976-77).
For comment on access to the courts and the Medical Malpractice Act: Jiron v. Mahlab, see 14 N.M.L. Rev. 503 (1984).
For survey of medical malpractice law in New Mexico, see 18 N.M.L. Rev. 469 (1988).
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.)