Section 41-5-29 – Fund reports. (Effective January 1, 2022.)
On January 31 of each year, the superintendent shall, upon request, provide a written report to all interested persons of the following information: A. the beginning and ending calendar year balances in the fund; B. an itemized accounting of the total amount of contributions to the fund; C. all information regarding closed claims files, including […]
Section 41-5-27 – Report by district court clerks.
Within thirty days of entry of judgment, the clerk of the district court from which judgment issues shall forward the name of every health care provider against whom a judgment is rendered under the Medical Malpractice Act to the appropriate board of professional registration and examination for review of the fitness of the health care […]
Section 41-5-28 – Payment of medical review commission expenses.
Unless otherwise provided by law, expenses incurred in carrying out the powers, duties and functions of the New Mexico medical review commission, including the salary of the director, shall be paid by the patient’s compensation fund. The superintendent, in his capacity as custodian of the fund, shall disburse fund money to the director upon receipt […]
Section 41-5-28 – Payment of medical review commission expenses. (Effective January 1, 2022.)
Unless otherwise provided by law, expenses incurred in carrying out the powers, duties and functions of the New Mexico medical review commission, including the salary of the director of the commission, shall be paid by the fund. The superintendent, in the superintendent’s capacity as custodian of the fund, shall disburse fund money to the director […]
Section 41-5-29 – Reports.
On January 31 of each year, the superintendent shall, upon request, provide a written report to all interested persons of the following information: A. the beginning and ending calendar year balances in the patient’s compensation fund; B. the total amount of contributions to the patient’s compensation fund; and C. any other information regarding the patient’s […]
Section 41-5-19 – Hearing procedures. (Effective January 1, 2022.)
A. At the time set for hearing, the attorney submitting the case for review shall be present and shall make a brief introduction of the case, including a resume of the facts constituting alleged professional malpractice. The independent provider against whom the claim is brought and the independent provider’s attorney may be present and may […]
Section 41-5-20 – Panel deliberations and decision.
A. The deliberations of the panel shall be and remain confidential. Upon consideration of all the relevant material, the panel shall decide only two questions: (1) whether there is substantial evidence that the acts complained of occurred and that they constitute malpractice; and (2) whether there is a reasonable medical probability that the patient was […]
Section 41-5-21 – Director; rules of procedure.
The director is authorized to adopt and publish rules of procedure necessary to implement and carry out the duties of the medical review commission. No rule shall be adopted, however, which requires a party to make a monetary payment as a condition to bringing a malpractice claim before the medical review panel. History: 1953 Comp., […]
Section 41-5-22 – Tolling of statute of limitation.
The running of the applicable limitation period in a malpractice claim shall be tolled upon submission of the case for the consideration of the panel and shall not commence to run again until thirty days after the panel’s final decision is entered in the permanent files of the commission and a copy is served upon […]
Section 41-5-23 – Provision of expert witness.
In any malpractice claim where the panel has determined that the acts complained of were or reasonably might constitute malpractice and that the patient was or may have been injured by the act, the panel, its members, the director and the professional association concerned will cooperate fully with the patient in retaining a physician qualified […]