A patient or his representative having a malpractice claim for bodily injury or death may file a complaint in any court of law having requisite jurisdiction and demand right of trial by jury. No dollar amount or figure shall be included in the demand in any complaint asserting a malpractice claim and filed after the effective date of this section, but the request shall be for such damages as are reasonable. This section shall not prevent a patient or his representative from alleging a requisite jurisdictional amount in a malpractice claim filed in a court requiring such an allegation.
History: 1953 Comp., § 58-33-4, enacted by Laws 1976, ch. 2, § 4; 1977, ch. 284, § 2.
Emergency clauses. — Laws 1977, ch. 284, § 5 contained an emergency clause and was approved April 7, 1977.
Cross references. — For jurisdictional amount in magistrate court, see 35-3-3 NMSA 1978.
For commencement of action in district court, see Rule 1-003 NMRA.
For commencement of action by complaint in magistrate court, see Rule 2-201 NMRA.
This section refers to jurisdiction, not venue, and 38-3-1 NMSA 1978 governs venue in an action brought under the Medical Malpractice Act [Chapter 41, Article 5 NMSA 1978]. Bullock v. Lehman, 1983-NMCA-024, 99 N.M. 515, 660 P.2d 605.
"Representative". — The "representative" who may bring suit for a death under this section means the same thing as the personal representative under the wrongful death statute. Mackey v. Burke, 1984-NMCA-028, 102 N.M. 294, 694 P.2d 1359, cert. quashed, 102 N.M. 293, 694 P.2d 1358 (1985), overruled on other grounds by Chavez v. Regents of Univ. of N.M., 1985-NMSC-114, 103 N.M. 606, 711 P.2d 883.
Qualification of personal representative. — Where an original pleading alleged a valid cause of action, relation back of the appointment of the plaintiff as personal representative to the initial filing of the action did not compromise this section nor the statute of limitations. Chavez v. Regents of Univ. of N.M., 1985-NMSC-114, 103 N.M. 606, 711 P.2d 883.
Law reviews. — For article, "Medical Malpractice Legislation in New Mexico," see 7 N.M.L. Rev. 5 (1976-77).
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 (Repealed effective January 1, 2022.)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.)