A health care provider named as a defendant in a malpractice claim, or named as a respondent in a proceeding before the medical review commission created in the Medical Malpractice Act, shall have the option of paying for the patient's medical care and related benefits at any time prior to the entry of a judgment. Except as provided in Section 11 [41-5-11 NMSA 1978] of the Medical Malpractice Act, evidence of a health care provider's payment for such benefits shall not be admissible in the trial of the malpractice claim brought against it.
History: 1953 Comp., § 58-33-8, enacted by Laws 1976, ch. 2, § 8.
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 (Repealed effective January 1, 2022.)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 (Repealed effective January 1, 2022.)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.)