reglab/housing_qa huggingface dataset:
NM Stat § 41-5-8 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 5 - Medical Malpractice Act|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. 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. ANNOTATIONSEmergency clauses. — Laws 1976, ch. 2, § 32 contained an emergency clause and was approved February 27, 1976.
NM Stat § 41-5-9 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 5 - Medical Malpractice Act|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 point in time after a judgment is entered, the court, sitting without a jury, shall determine whether such need continues to exist and the extent of such need. C. Whenever a patient petitions the district court for an increase in medical care and related benefits, the petition shall be set down for hearing at the earliest possible time and takes precedence over all matters except older matters of the same character and motions for preliminary injunctions filed pursuant to Rules 65, 66, NMR Civ. P. [Rules 1-065, 1-066 NMRA]. D. The health care provider shall have the burden of proving that the patient's need for benefits has subsided or abated, or that medical care and related benefits are not reasonably necessary, which it shall establish by clear and convincing evidence. The patient shall have the burden of proving that his need for medical care and related benefits has increased, which he shall establish by a preponderance of the evidence. History: 1953 Comp., § 58-33-9, enacted by Laws 1976, ch. 2, § 9. ANNOTATIONSEmergency clauses. — Laws 1976, ch. 2, § 32 contained an emergency clause and was approved February 27, 1976. Law reviews. — For article, "Medical Malpractice Legislation in New Mexico," see 7 N.M.L. Rev. 5 (1976-77).
NM Stat § 41-5-9 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 5 - Medical Malpractice Act|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. 16, § 5. ANNOTATIONSThe 2021 amendment, effective January 1, 2022, clarified the provisions related to the district court's continuing jurisdiction over cases where future medical care and related benefits were awarded; deleted subsection designation "A", after "Section", deleted "7" and added "41-5-7 NMSA 1978 for malpractice claims arising from occurrences prior to July 1, 2021"; and deleted former Subsections B through D.
NM Stat § 41-5-11 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 5 - Medical Malpractice Act|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 of fact relating to such an advance payment shall be resolved by the jury after it has reached its verdict. The advance payment shall inure to the exclusive benefit of the health care provider or a party making the payment in its behalf. In the event the advance payment exceeds the liability of the defendant or the insurer making it, the court shall order any adjustment necessary to equitably apportion the amount which each defendant is obligated to pay, exclusive of costs. In no case shall an advance payment in excess of an award be repayable by the person receiving it. B. If a health care provider should elect to pay for medical care and related benefits at any time prior to the entry of a judgment, as provided in Section 8 [41-5-8 NMSA 1978] of the Medical Malpractice Act, and subsequently is found not to be liable, its legal and equitable right of recovery for all such payments shall not be foreclosed or prejudiced in any way. History: 1953 Comp., § 58-33-11, enacted by Laws 1976, ch. 2, § 11. ANNOTATIONSEmergency clauses. — Laws 1976, ch. 2, § 32 contained an emergency clause and was approved February 27, 1976.
NM Stat § 41-5-12 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 5 - Medical Malpractice Act|Section 41-5-12 - Claims for compensation not assignable.

A patient's claim for compensation under the Medical Malpractice Act is not assignable. History: 1953 Comp., § 58-33-12, enacted by Laws 1976, ch. 2, § 12. ANNOTATIONSEmergency clauses. — Laws 1976, ch. 2, § 32 contained an emergency clause and was approved February 27, 1976. Legislative intent. — The legislature intended the Medical Malpractice Act's (MMA), 41-5-1 to -29 NMSA 1978, requirements and restrictions to apply to all "malpractice claims" covered by the MMA and, accordingly, this section bars assignment of all malpractice claims for compensation covered by the MMA. Leger v. Gerety, 2019-NMCA-033, cert. granted.Indemnification claim barred from assignment. — In a wrongful death and medical malpractice action, where plaintiffs sued a hospital based on allegations of malpractice by a physician not employed by the hospital for which plaintiffs claimed the hospital was vicariously liable, and where the hospital filed a third-party complaint for equitable indemnification against the physician and his employer, which third-party complaint was later assigned to one of the plaintiffs as part of a settlement, the district court erred in denying the physician's motion to dismiss, because the hospital's assignment of its indemnification claim, which was predicated upon the allegation of professional negligence, was barred by the Medical Malpractice Act (MMA), 41-5-1 to -29 NMSA 1978, which prohibits the assignment of a patient's claim for compensation under the MMA. Leger v. Gerety, 2019-NMCA-033, cert. granted.Am. Jur. 2d, A.L.R. and C.J.S. references. — 61 Am. Jur. 2d Physicians, Surgeons, and Other Healers §§ 170 to 174.
NM Stat § 41-5-13 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 5 - Medical Malpractice Act|Section 41-5-13 - Limitations. (Effective January 1, 2022.)

No claim for malpractice may be brought against a health care provider unless filed within three years after the date that the act of malpractice occurred, except that the times limited for the bringing of actions by minors and incapacitated persons shall be extended so that they shall have one year from and after the age of majority or termination of incapacity within which to commence the actions.History: 1953 Comp., § 58-33-13, enacted by Laws 1976, ch. 2, § 13; 2021, ch. 16, § 6. ANNOTATIONSThe 2021 amendment, effective January 1, 2022, extended the statute of limitations for minors and incapacitated persons bringing medical malpractice actions; after "No claim for malpractice", deleted "arising out of an act of malpractice which occurred subsequent to the effective date of the Medical Malpractice Act", and after "except that", deleted "a minor under the full age of six years shall have until his ninth birthday in which to file. This subsection applies to all persons regardless of minority or other legal disability" and added the remainder of the section.
NM Stat § 41-5-15 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 5 - Medical Malpractice Act|Section 41-5-15 - Commission decision required; application. (Effective January 1, 2022.)

A. No malpractice action may be filed in any court against a qualifying independent provider or the independent provider's employer, master or principal based on a theory of respondeat superior or any other derivative theory of recovery before application is made to the New Mexico medical review commission and its decision is rendered; provided, however, that an independent provider and the patient may stipulate to forego the panel process.B. This application shall contain the following:(1) the name of the health care provider against which the claims are asserted;(2) a short and plain statement of the grounds as to why the New Mexico medical review commission has jurisdiction over the claims being asserted;(3) the specific date or date range when the malpractice allegedly occurred;(4) so far as known, a brief statement of the facts supporting the patient's malpractice claim; and(5) a statement authorizing the panel to obtain access to all medical and hospital records and information pertaining to the matter giving rise to the application and, for the purposes of its consideration of the matter only, waiving any claim of privilege as to the contents of those records. Nothing in that statement shall in any way be construed as waiving that privilege for any other purpose or in any other context, in or out of court.History: 1953 Comp., § 58-33-15, enacted by Laws 1976, ch. 2, § 15; 2021, ch. 16, § 8. ANNOTATIONSThe 2021 amendment, effective January 1, 2022, provided that no malpractice action may be filed based on a theory of respondeat superior or any other derivative theory of recovery before application is made to the New Mexico medical review commission and its decision is rendered, provided that an independent provider and the patient may stipulate to forego the panel process, and revised the required contents of an application to the New Mexico medical review commission; in Subsection A, after "qualifying", deleted "health care" and added "independent", after "provider", added "or the independent provider's employer, master or principal based on a theory of respondeat superior or any other derivative theory of recovery", and after "rendered", added the remainder of the subsection; and in Subsection B, deleted former Paragraph B(1) and added new Paragraphs B(1) through B(4), and redesignated former Paragraph B(2) as Paragraph B(5).
NM Stat § 41-5-16 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 5 - Medical Malpractice Act|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 enter his appearance with the director. B. The health care provider shall answer the application for review and in addition shall submit a statement authorizing the panel to obtain access to all medical and hospital records and information pertaining to the matter giving rise to the application, and, for the purposes of its consideration of the matter only, waiving any claim of privilege as to the contents of those records. Nothing in that statement shall in any way be construed as waiving that privilege for any other purpose or in any other context, in or out of court. C. In instances where applications are received employing the theory of respondeat superior or some other derivative theory of recovery, the director shall forward such applications to the state professional societies, associations or licensing boards of both the individual health care provider whose alleged malpractice caused the application to be filed, and the health care provider named a respondent as employer, master or principal. History: 1953 Comp., § 58-33-16, enacted by Laws 1976, ch. 2, § 16. ANNOTATIONSEmergency clauses. — Laws 1976, ch. 2, § 32 contained an emergency clause and was approved February 27, 1976. Limitation on authority of director. — The director does not have any discretion to redact an applicant's legal claims or factual averments in a medical malpractice action from an application to the commission. Kucel v. N.M. Med. Review Comm'n, 2000-NMCA-026, 128 N.M. 691, 997 P.2d 823, cert. denied, 128 N.M. 688, 997 P.2d 820. Am. Jur. 2d, A.L.R. and C.J.S. references. — 70 C.J.S. Physicians and Surgeons §§ 110 to 113.
NM Stat § 41-5-16 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 5 - Medical Malpractice Act|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 retain legal counsel, the independent provider's attorney shall informally enter an appearance with the director.B. The independent provider shall answer the application for review and in addition shall submit a statement authorizing the panel to obtain access to all medical and hospital records and information pertaining to the matter giving rise to the application and, for the purposes of its consideration of the matter only, waiving any claim of privilege as to the contents of those records. Nothing in that statement shall in any way be construed as waiving that privilege for any other purpose or in any other context, in or out of court.C. In instances where applications are received employing the theory of respondeat superior or some other derivative theory of recovery, the director shall forward such applications to the state professional societies, associations or licensing boards of both the individual independent provider whose alleged malpractice caused the application to be filed and the independent provider named a respondent as employer, master or principal.History: 1953 Comp., § 58-33-16, enacted by Laws 1976, ch. 2, § 16; 2021, ch. 16, § 9. ANNOTATIONSThe 2021 amendment, effective January 1, 2022, made changes to conform to the new definition of "independent provider" as used in the Medical Malpractice Act; in Subsection A, added "New Mexico medical review" preceding "commission's", and changed "health care" to "independent" preceding "provider" throughout the section.
NM Stat § 41-5-17 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 5 - Medical Malpractice Act|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, or if the health care provider does not belong to such a society or association, the director shall transmit the application to the health care provider's state licensing board, which shall in turn select three persons from the health care provider's profession and, where applicable, to [two] persons specializing in the same field or discipline as the health care provider. C. In cases where there are multiple defendants, the case against each health care provider may be reviewed by a separate panel, or a single combined panel may review the claim against all parties defendant, at the discretion of the director. D. Three panel members from the health care provider's profession and three panel members from the state bar association shall sit in review in each case. E. In those cases where the theory of respondeat superior or some other derivative theory of recovery is employed, two of the panel members shall be chosen from the individual health care provider's profession and one panel member shall be chosen from the profession of the health care provider named a respondent employer, master or principal. F. The director of the commission or his delegate, who shall be an attorney, shall sit on each panel and serve as chairman. G. Any member shall disqualify himself from consideration of any case in which, by virtue of his circumstances, he feels his presence on the panel would be inappropriate, considering the purpose of the panel. The director may excuse a proposed panelist from serving. H. Whenever a party shall make and file an affidavit that a panel member selected pursuant to this section cannot, according to the belief of the party making the affidavit, sit in review of the application with impartiality, that panel member shall proceed no further. Another panel member shall be selected by the health care provider's professional association, state licensing board or the state bar association, as the case may be. A party may not disqualify more than three proposed panel members in this manner in any single malpractice claim. History: 1953 Comp., § 58-33-17, enacted by Laws 1976, ch. 2, § 17. ANNOTATIONSEmergency clauses. — Laws 1976, ch. 2, § 32 contained an emergency clause and was approved February 27, 1976. Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Law reviews. — For article, "Medical Malpractice Legislation in New Mexico," see 7 N.M.L. Rev. 5 (1976-77). Am. Jur. 2d, A.L.R. and C.J.S. references. — 61 Am. Jur. 2d Physicians, Surgeons, and Other Healers §§ 374 to 376.
NM Stat § 41-5-18 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 5 - Medical Malpractice Act|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, unless good cause exists for extending the period. Hearings may be held anywhere in the state of New Mexico, and the director shall give due regard to the convenience of the parties in determining the place of hearing. History: 1953 Comp., § 58-33-18, enacted by Laws 1976, ch. 2, § 18. ANNOTATIONSEmergency clauses. — Laws 1976, ch. 2, § 32 contained an emergency clause and was approved February 27, 1976. Law reviews. — For article, "Medical Malpractice Legislation in New Mexico," see 7 N.M.L. Rev. 5 (1976-77).
NM Stat § 41-5-18 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 5 - Medical Malpractice Act|Section 41-5-18 - Time and place of hearing. (Effective January 1, 2022.)

A date, time and place for hearing shall be fixed by the director of the New Mexico medical review commission and prompt notice of the hearing 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, unless good cause exists for extending the period. Hearings may be held anywhere in the state, and the director shall give due regard to the convenience of the parties in determining the place of hearing. Upon the request of one party, within ten days of the answer filed by the respondent, the hearing shall be conducted via video conference, including attorneys, witnesses and panel members appearing remotely.History: 1953 Comp., § 58-33-18, enacted by Laws 1976, ch. 2, § 18; 2021, ch. 16, § 11. ANNOTATIONSThe 2021 amendment, effective January 1, 2022, provided that hearings may be conducted via video conference upon the request of a party; and after "determining the place of hearing", added "Upon the request of one party, within ten days of the answer filed by the respondent, the hearing shall be conducted via video conference, including attorneys, witnesses and panel members appearing remotely.".
NM Stat § 41-5-19 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 5 - Medical Malpractice Act|Section 41-5-19 - Hearing procedures.

A. At the time set for hearing, the attorney submitting the case for review shall be present and shall make a brief introduction of his case, including a resume of the facts constituting alleged professional malpractice which he is prepared to prove. The health care provider against whom the claim is brought and its attorney may be present and may make an introductory statement of its case. B. Both parties may call witnesses to testify before the panel, which witnesses shall be sworn. Medical texts, journals, studies and other documentary evidence relied upon by either party may be offered and admitted if relevant. Written statements of fact of treating health care providers may be reviewed. The monetary damages in any case shall not be a subject of inquiry or discussion. C. The hearing will be informal and no official transcript shall be made. Nothing contained in this paragraph shall preclude the taking of the testimony by the parties at their own expense. D. At the conclusion of the hearing, the panel may take the case under advisement or it may request that additional facts, records, witnesses or other information be obtained and presented to it at a supplemental hearing, which shall be set for a date and time certain, not longer than thirty days from the date of the original hearing unless the attorney bringing the matter for review shall in writing consent to a longer period. E. Any supplemental hearing shall be held in the same manner as the original hearing, and the parties concerned and their attorneys may be present. History: 1953 Comp., § 58-33-19, enacted by Laws 1976, ch. 2, § 19. ANNOTATIONSEmergency clauses. — Laws 1976, ch. 2, § 32 contained an emergency clause and was approved February 27, 1976. Hearings conducted in atmosphere free of judicial intimidations. — Hearings are to be conducted in an atmosphere free of the intimidations that may accompany a court setting, and the give-and-take of the panel's deliberations, after it has heard the presentation of the parties, is to be as open and uninhibited as are a jury's deliberations at the end of a court trial. Salazare v. St. Vincent Hosp., 1980-NMCA-095, 96 N.M. 409, 631 P.2d 315, aff'd in part and rev'd on other grounds, 1980-NMSC-124, 95 N.M. 147, 619 P.2d 823. Law reviews. — For article, "Medical Malpractice Legislation in New Mexico," see 7 N.M.L. Rev. 5 (1976-77).