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 […]
Section 41-5-24 – Maintenance of records.
The director shall maintain records of all proceedings before the medical review commission which shall include the nature of the acts or omissions complained of, a brief summary of the evidence presented, the decision of the panel and any majority or dissenting opinions filed. Such records shall not be made public and shall not be […]
Section 41-5-25 – Patient’s compensation fund; third-party administrator; actuarial studies; surcharges; claims; proration; proofs of authenticity.
A. The “patient’s compensation fund” is created as a nonreverting fund in the state treasury. The fund consists of money from surcharges, income from investment of the fund and any other money deposited to the credit of the fund. The fund shall be held in trust, deposited in a segregated account in the state treasury […]
Section 41-5-25.1 – Patient’s compensation fund advisory board; created; membership; powers and duties.
A. The “patient’s compensation fund advisory board” is created to advise the superintendent and the third-party administrator. The office of superintendent of insurance shall provide staff services to the advisory board. The advisory board shall be established by July 2, 2021. B. The nine-member advisory board shall consist of: (1) two representatives from the New […]
Section 41-5-26 – Malpractice coverage.
A. The filing of proof of financial responsibility with the superintendent, as provided in Section 41-5-5 NMSA 1978, shall constitute a conclusive and unqualified acceptance of the provisions of the Medical Malpractice Act. B. Any provision in a policy attempting to limit or modify the liability of the insurer contrary to the provisions of the […]
Section 41-5-26.1 – Birthing workforce retention fund created.
A. The “birthing workforce retention fund” is created in the state treasury. The purpose of the fund is to provide malpractice insurance premium assistance for certified nurse-midwives or physicians whose insurance premium costs jeopardize their ability to continue their obstetrics practices in New Mexico. The fund shall consist of appropriations, gifts, grants and donations to […]
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 […]