2023 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 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 state professional society or association exists or if the independent provider does not belong to a society or association, the director shall transmit the application to the independent provider's state licensing board, which shall in turn select three persons from the independent provider's profession and, where applicable, two persons specializing in the same field or discipline as the independent provider.
C. In cases where there are multiple defendants, a single combined panel shall review the claims against all party defendants. At the discretion of the panel chair, a hearing involving multiple defendants may include fewer than three panelists from the independent provider's profession and fewer than three lawyer panel members per defendant.
D. Except for cases involving multiple defendants, three panel members from the independent provider's profession and three panel members from the state bar association shall sit in review in each case.
E. The director of the medical review commission or the director's delegate, who shall be an attorney, shall sit on each panel and serve as chair.
F. A member shall disqualify the member's self from consideration of a case in which, by virtue of circumstances, the member feels the member's presence on the panel would be inappropriate, considering the purpose of the panel. The director may excuse a proposed panelist from serving.
G. Whenever a party makes and files 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 independent 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; 2021, ch. 16, § 10.
ANNOTATIONS
The 2021 amendment,
effective January 1, 2022, made changes to conform to the new definition of "independent provider" as used in the Medical Malpractice Act, mandated that a single combined panel review the claims against all party defendants in cases where there are multiple defendants, provided the panel chair the discretion to revise the composition of the New Mexico medical review commission panel when a hearing involves multiple defendants, and removed a provision relating to the composition of a panel in certain cases where the theory of respondeat superior or any other derivative theory of recovery is employed; preceding each occurrence of "provider", changed "health care" to "independent" throughout the section; in Subsection A, after "director", added "of the New Mexico medical review commission"; in Subsection C, after "multiple defendants", deleted "the case against each health care provider may be reviewed by a separate panel, or", after "combined panel", changed "may" to "shall", after "against all", deleted "parties defendant, at the discretion of the director" and added the remainder of the subsection; in Subsection D, added "Except for cases involving multiple defendants"; deleted former Subsection E and redesignated former Subsections F through H as Subsections E through G, respectively; and in Subsection E, added "medical review" preceding "commission".
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.