Section 41-5-16 – Application procedure.
A. Upon receipt of an application for review, the commission’s director or his delegate shall cause to be served a true copy of the application on the health care providers involved. Service shall be effected pursuant to New Mexico law. If the health care provider involved chooses to retain legal counsel, his attorney shall informally […]
Section 41-5-16 – Application procedure. (Effective January 1, 2022.)
A. Upon receipt of an application for review, the New Mexico medical review commission’s director or the director’s designee shall cause to be served a true copy of the application on the independent providers against which claims are asserted. Service shall be effected pursuant to New Mexico law. If the independent provider involved chooses to […]
Section 41-5-17 – Panel selection.
A. Applications for review shall be promptly transmitted by the director to the directors of the health care provider’s state professional society or association and the state bar association, who shall each select three panelists within thirty days from the date of transmittal of the application. B. If no state professional society or association exists, […]
Section 41-5-17 – Panel selection. (Effective January 1, 2022.)
A. Applications for review shall be promptly transmitted by the director of the New Mexico medical review commission to the directors of the independent provider’s state professional society or association and the state bar association, who shall each select three panelists within thirty days from the date of transmittal of the application. B. If no […]
Section 41-5-18 – Time and place of hearing.
A date, time and place for hearing shall be fixed by the director and prompt notice thereof shall be given to the parties involved, their attorneys and the members of the panel. In no instance shall the date set be more than sixty days after the transmittal by the director of the application for review, […]
Section 41-5-8 – Medical benefits prior to judgment.
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. […]
Section 41-5-9 – District court; continuing jurisdiction.
A. The district court from which final judgment issues shall have continuing jurisdiction in cases where medical care and related benefits are awarded pursuant to Section 7 [41-5-7 NMSA 1978]. B. In all cases where the patient’s continued need of such benefits, or the degree to which such benefits are needed is challenged at a […]
Section 41-5-9 – District court; continuing jurisdiction. (Effective January 1, 2022.)
The district court from which final judgment issued shall have continuing jurisdiction in cases where future medical care and related benefits were awarded pursuant to Section 41-5-7 NMSA 1978 for malpractice claims arising from occurrences prior to July 1, 2021. History: 1953 Comp., § 58-33-9, enacted by Laws 1976, ch. 2, § 9; 2021, ch. […]
Section 41-5-10 – Patient; future examinations and hearings. (Repealed effective January 1, 2022.)
A. Any health care provider shall be entitled to have a physical examination of the patient by a physician of the health care provider’s choice from time to time for the purpose of determining the patient’s continued need of medical care and related benefits, subject to the following requirements: (1) notice in writing shall be […]
Section 41-5-11 – Set-off of advance payments.
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 […]