reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 41 - Torts › Article 4A - New Mexico Civil Rights › Section 41-4A-12 - Prospective application.

Claims arising solely from acts or omissions that occurred prior to July 1, 2021 may not be brought pursuant to the New Mexico Civil Rights Act.
History:
Laws 2021, ch. 119, § 12.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 119, § 14 made Laws 2021, ch. 119, § 12 effective July 1, 2021.
2023 New Mexico Statutes › Chapter 41 - Torts › Article 4A - New Mexico Civil Rights › Section 41-4A-13 - Notice of claims.

A. Every person who claims damages from an act or omission of a certified law enforcement officer under the New Mexico Civil Rights Act shall cause to be presented to the certified law enforcement officer's agency or department, within one year after an occurrence giving rise to a claim under the New Mexico Civil Rights Act, a written notice stating the time, place and circumstances of the loss or injury.
B. No suit or action for which immunity has been waived under the New Mexico Civil Rights Act shall be maintained, and no court shall have jurisdiction to consider any suit or action against the state or any local public body, unless notice has been given as required by this section or unless the governmental entity had actual notice of the occurrence. The time for giving notice does not include the time, not exceeding one year, during which the injured person is incapacitated from giving the notice by reason of injury.
C. When a claim for which immunity has been waived under the New Mexico Civil Rights Act is one for wrongful death, the required notice may be presented by, or on behalf of, the personal representative of the deceased person or any person claiming benefits of the proceeds of a wrongful death action, or the consular officer of a foreign country of which the deceased was a citizen, within one year and six months after the date of the occurrence of the injury that resulted in the death; but if the person for whose death the claim is made has presented a notice that would have been sufficient had the person lived, an action for wrongful death may be brought without any additional notice.
History:
Laws 2021, ch. 119, § 13.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 119, § 14 made Laws 2021, ch. 119, § 13 effective July 1, 2021.
2023 New Mexico Statutes › Chapter 41 - Torts › Article 5 - Medical Malpractice Act › Section 41-5-2 - Repealed.

History:
1953 Comp., § 58-33-2, enacted by Laws 1976, ch. 2, § 2; 1978 Comp., § 41-5-2, repealed by Laws 2021, ch. 16, § 17.
ANNOTATIONS
Repeals.
— Laws 2021, ch. 16, § 17 repealed 41-5-2 NMSA 1978, as enacted by Laws 1976, ch. 2, § 2, relating to purpose of act, effective January 1, 2022. For provisions of former section,
see
the 2021 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 41 - Torts › Article 5 - Medical Malpractice Act › Section 41-5-4 - Ad damnum clause.

A patient or his representative having a malpractice claim for bodily injury or death may file a complaint in any court of law having requisite jurisdiction and demand right of trial by jury. No dollar amount or figure shall be included in the demand in any complaint asserting a malpractice claim and filed after the effective date of this section, but the request shall be for such damages as are reasonable. This section shall not prevent a patient or his representative from alleging a requisite jurisdictional amount in a malpractice claim filed in a court requiring such an allegation.
History:
1953 Comp., § 58-33-4, enacted by Laws 1976, ch. 2, § 4; 1977, ch. 284, § 2.
ANNOTATIONS
Emergency clauses.
— Laws 1977, ch. 284, § 5 contained an emergency clause and was approved April 7, 1977.
Cross references.
— For jurisdictional amount in magistrate court,
see
35-3-3 NMSA 1978.
For commencement of action in district court,
see
Rule 1-003 NMRA.
For commencement of action by complaint in magistrate court,
see
Rule 2-201 NMRA.
This section refers to jurisdiction, not venue,
and 38-3-1 NMSA 1978 governs venue in an action brought under the Medical Malpractice Act [Chapter 41, Article 5 NMSA 1978].
Bullock v. Lehman
, 1983-NMCA-024, 99 N.M. 515, 660 P.2d 605.
"Representative".
— The "representative" who may bring suit for a death under this section means the same thing as the personal representative under the wrongful death statute.
Mackey v. Burke
, 1984-NMCA-028, 102 N.M. 294, 694 P.2d 1359, cert. quashed, 102 N.M. 293, 694 P.2d 1358 (1985),
overruled on other grounds by
Chavez v. Regents of Univ. of N.M.
, 1985-NMSC-114, 103 N.M. 606, 711 P.2d 883.
Qualification of personal representative.
— Where an original pleading alleged a valid cause of action, relation back of the appointment of the plaintiff as personal representative to the initial filing of the action did not compromise this section nor the statute of limitations.
Chavez v. Regents of Univ. of N.M.
, 1985-NMSC-114, 103 N.M. 606, 711 P.2d 883.
Law reviews.
— For article, "Medical Malpractice Legislation in New Mexico," see 7 N.M.L. Rev. 5 (1976-77).
2023 New Mexico Statutes › Chapter 41 - Torts › Article 5 - Medical Malpractice Act › Section 41-5-6.1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1992, ch. 33, § 18 repealed 41-5-6.1 NMSA 1978, as enacted by Laws 1991, ch. 264, § 5, relating to amount recoverable, effective March 6, 1992. For provisions of former section,
see
the 1991 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
41-5-6 NMSA 1978.
2023 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.
ANNOTATIONS
Emergency clauses.
— Laws 1976, ch. 2, § 32 contained an emergency clause and was approved February 27, 1976.
2023 New Mexico Statutes › Chapter 41 - Torts › Article 5 - Medical Malpractice Act › Section 41-5-9 - District court; continuing jurisdiction.

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.
ANNOTATIONS
The 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.
Law reviews.
— For article, "Medical Malpractice Legislation in New Mexico," see 7 N.M.L. Rev. 5 (1976-77).
2023 New Mexico Statutes › Chapter 41 - Torts › Article 5 - Medical Malpractice Act › Section 41-5-10 - Repealed.

History:
1953 Comp., § 58-33-10, enacted by Laws 1976, ch. 2, § 10; 1978 Comp., § 41-5-10, repealed by Laws 2021, ch. 16, § 17.
ANNOTATIONS
Repeals.
— Laws 2021, ch. 16, § 17 repealed 41-5-10 NMSA 1978, as enacted by Laws 1976, ch. 2, § 10, relating to patient, future examinations and hearings, effective January 1, 2022. For provisions of former section,
see
the 2021 NMSA 1978 on
NMOneSource.com
.
2023 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.
ANNOTATIONS
Emergency clauses.
— Laws 1976, ch. 2, § 32 contained an emergency clause and was approved February 27, 1976.
2023 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.
ANNOTATIONS
Emergency clauses.
— Laws 1976, ch. 2, § 32 contained an emergency clause and was approved February 27, 1976.
The Medical Malpractice Act's nonassignability provision does not bar claims held by nonpatients.
— Where petitioner, decedent's personal representative, sued Presbyterian Healthcare Services (Presbyterian) for medical malpractice, and where Presbyterian then sued respondents for indemnification, and where Presbyterian ultimately settled the medical malpractice lawsuit with petitioner and, as part of the settlement, assigned its indemnification claim to petitioner, and where respondents claimed that this section bars assignment of all malpractice claims, including indemnity claims, the district court did not err in determining that assignment of an indemnity claim is allowable under the Medical Malpractice Act, because the plain language of the MMA's nonassignability provision is clear and unambiguous and does not bar claims held by nonpatients, such as the indemnity cause of action at issue here. A patient's claim is a subset of malpractice claims and the legislature intended only that patients' claims, not all malpractice claims, be made unassignable.
Leger v. Gerety
, 2022-NMSC-007,
rev'g
2019-NMCA-033, 444 P.3d 1036.
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.
2023 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 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.
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; in Subsection A, added "New Mexico medical review" preceding "commission's", and changed "health care" to "independent" preceding "provider" throughout the section.
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.
2023 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 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.
ANNOTATIONS
The 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.".
Law reviews.
— For article, "Medical Malpractice Legislation in New Mexico," see 7 N.M.L. Rev. 5 (1976-77).
2023 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 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 make an introductory statement of the independent provider's 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 independent providers may be reviewed. The monetary damages in any case shall not be a subject of inquiry or discussion.
C. The hearing shall be informal, and no official transcript shall be made. Nothing contained in this subsection shall preclude the recording or transcribing of the testimony by the parties at their own expense.
D. At the conclusion of the hearing, the panel shall deliberate and reach a decision.
History:
1953 Comp., § 58-33-19, enacted by Laws 1976, ch. 2, § 19; 2021, ch. 16, § 12.
ANNOTATIONS
The 2021 amendment,
effective January 1, 2022, removed a provision that a panel, at the conclusion of a hearing, may take the case under advisement or may request additional evidence, and required that a panel, at the conclusion of a hearing, deliberate and reach a decision; preceding each occurrence of "provider", changed "health care" to "independent"; in Subsection D, after "the panel", deleted the remainder of the subsection and added "shall deliberate and reach a decision"; and deleted Subsection E.
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).
2023 New Mexico Statutes › Chapter 41 - Torts › Article 5 - Medical Malpractice Act › 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., § 58-33-21, enacted by Laws 1976, ch. 2, § 21.
ANNOTATIONS
Emergency clauses.
— Laws 1976, ch. 2, § 32 contained an emergency clause and was approved February 27, 1976.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
61 Am. Jur. 2d Physicians, Surgeons, and Other Healers §§ 374, 375.
2023 New Mexico Statutes › Chapter 41 - Torts › Article 5 - Medical Malpractice Act › 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 in the field of medicine involved, who will consult with, assist in trial preparation and testify on behalf of the patient, upon his payment of a reasonable fee to the same effect as if the physician had been engaged originally by the patient.
History:
1953 Comp., § 58-33-23, enacted by Laws 1976, ch. 2, § 23.
ANNOTATIONS
Emergency 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).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
31A Am. Jur. 2d Expert and Opinion Evidence §§ 19, 20, 40.
Necessity of expert evidence to support an action for malpractice against a physician or surgeon, 81 A.L.R.2d 597.
Competency of general practitioner to testify as expert witness in action against specialist for medical malpractice, 31 A.L.R.3d 1163.
Competence of physician or surgeon from one locality to testify, in malpractice case, as to standard of care required of defendant practicing in another locality, 37 A.L.R.3d 420.
Necessity and sufficiency of expert evidence to establish existence and extent of physician's duty to inform patient of risks of proposed treatment, 52 A.L.R.3d 1084.
2023 New Mexico Statutes › Chapter 41 - Torts › Article 5 - Medical Malpractice Act › 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 subject to subpoena but shall be used solely for the purpose of compiling statistical data and facilitating on-going studies of medical malpractice in New Mexico.
History:
1953 Comp., § 58-33-24, enacted by Laws 1976, ch. 2, § 24.
ANNOTATIONS
Emergency clauses.
— Laws 1976, ch. 2, § 32 contained an emergency clause and was approved February 27, 1976.
2023 New Mexico Statutes › Chapter 41 - Torts › Article 5 - Medical Malpractice Act › 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 Mexico trial lawyers association;
(2) two representatives of a statewide association representing hospitals;
(3) two representatives of a statewide association representing physicians;
(4) two patient or patient advocate representatives; and
(5) one representative of a statewide association representing certified nurse practitioners.
C. Members of the advisory board shall be chosen annually by their organizations, as applicable, and the patient or patient advocate representatives shall be chosen by the chief justice of the supreme court from nominations made by the New Mexico trial lawyers association. Members of the advisory board are entitled to receive per diem and mileage pursuant to the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978], but shall receive no other compensation, perquisite or allowance.
D. The advisory board shall elect a chair and a vice chair. A majority of the members constitutes a quorum for the transaction of business. All decisions of the advisory board shall be by majority vote of the members present.
E. The advisory board shall convene at least twice a year or at the request of the superintendent to:
(1) review the process and data for the setting of the surcharges for all qualified health care providers pursuant to the Medical Malpractice Act;
(2) advise the superintendent concerning surcharge data accumulation and results;
(3) advise the superintendent on the surcharges to be set by the superintendent; and
(4) prepare an annual report to the legislature on the operations and financial condition of the fund no later than the first day of each year's legislative session.
History:
1978 Comp., § 41-5-25.1, enacted by Laws 2021, ch. 16, § 14.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 16, § 18 made Laws 2021, ch. 16, § 14 effective July 1, 2021.
2023 New Mexico Statutes › Chapter 41 - Torts › Article 5 - Medical Malpractice Act › 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 Medical Malpractice Act is void.
C. Every policy issued under the Medical Malpractice Act is deemed to include the following provisions:
(1) the insurer assumes all obligations to pay an award imposed against its insured under the provisions of the Medical Malpractice Act; and
(2) any termination of a policy by an insurer shall not be effective unless written notice of such termination has been mailed by certified mail to both the insured and the superintendent at least ninety days prior to the date the cancellation is to become effective, except that an insurer may terminate a policy if a billed premium payment is thirty days past due upon ten days' prior written notice mailed by certified mail to the insured of the failure of the insured to pay premiums, and an insured may terminate his policy by written request to the insurer but the effective date of termination shall be not sooner than ten days after the receipt by the insurer of the written request to terminate. In all cases when a policy is terminated for failure of the insured to pay premiums or at the request of the insured, the insurer shall notify the superintendent in writing immediately of the effective date of termination of the policy. The insurer shall remain liable for all causes of action accruing prior to the effective date of the termination, unless otherwise barred by the provisions of the Medical Malpractice Act.
History:
1953 Comp., § 58-33-26, enacted by Laws 1976, ch. 2, § 26; 1977, ch. 284, § 4.
ANNOTATIONS
Emergency clauses.
— Laws 1977, ch. 284, § 5 contained an emergency clause and was approved April 7, 1977.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
61 Am. Jur. 2d Physicians, Surgeons, and Other Healers § 62.
Wrongful cancellation of medical malpractice insurance, 99 A.L.R.3d 469.
Propriety of hospital's conditioning physician's staff privileges on his carrying professional liability or malpractice insurance, 7 A.L.R.4th 1238.
Coverage and exclusions of liability or indemnity policy on physicians, surgeons, and other healers, 33 A.L.R.4th 14, 14 A.L.R.5th 695.
Health provider's agreement as to patient's copayment liability after award by professional service insurer as unfair trade practice under state law, 49 A.L.R.4th 1240.
Liability insurance: what is "claim" under deductibility-per-claim clause, 60 A.L.R.4th 983.
2023 New Mexico Statutes › Chapter 41 - Torts › Article 5 - Medical Malpractice Act › 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 provider to practice his profession. In cases where judgments are entered against hospitals or other institutional health care providers, on the basis of respondeat superior or some other derivative theory of recovery, the clerk of the district court shall forward the name of the individual health care provider whose negligence caused the injury to that health care provider's board of professional registration and examination for such review. Review of the health care provider's fitness to practice shall be conducted in accordance with law.
History:
1953 Comp., § 58-33-27, enacted by Laws 1976, ch. 2, § 27.
ANNOTATIONS
Emergency clauses.
— Laws 1976, ch. 2, § 32 contained an emergency clause and was approved February 27, 1976.
2023 New Mexico Statutes › Chapter 41 - Torts › Article 5 - Medical Malpractice Act › 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 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 upon receipt of vouchers itemizing expenses incurred by the commission. The director shall supply the chief justice of the New Mexico supreme court with duplicates of all vouchers submitted to the superintendent. Expenses of the commission paid by the fund shall not exceed five hundred thousand dollars ($500,000) in any single calendar year; provided, however, that expenses incurred in defending the commission shall not be subject to that maximum amount.
History:
1953 Comp., § 58-33-28, enacted by Laws 1976, ch. 2, § 29; 1991, ch. 264, § 11; 1997, ch. 108, § 1; 2021, ch. 16, § 15.
ANNOTATIONS
The 2021 amendment,
effective January 1, 2022, increased the annual limit on commission expenses to five hundred thousand dollars from three hundred fifty thousand dollars; after "shall not exceed", changed "three hundred fifty thousand dollars ($350,000)" to "five hundred thousand dollars ($500,000)".
The 1997 amendment,
effective June 20, 1997, substituted "three hundred fifty thousand dollars ($350,000)" for "two hundred fifty thousand dollars ($250,000)" in the last sentence.
The 1991 amendment,
effective July 1, 1991, substituted "two hundred fifty thousand dollars ($250,000)" for "one hundred fifty thousand dollars ($150,000)" in the final sentence; added the proviso at the end of the final sentence; and made minor stylistic changes throughout the section.
2023 New Mexico Statutes › Chapter 41 - Torts › Article 5 - Medical Malpractice Act › Section 41-5-29 - Fund reports.

A. On January 31 of each year, the superintendent shall, upon request, provide a written report to all interested persons of the following information:
(1) the beginning and ending calendar year balances in the fund;
(2) an itemized accounting of the total amount of contributions to the fund;
(3) all information regarding closed claims files, including an itemized accounting of all payments paid out; and
(4) any other information regarding the fund that the superintendent or the legislature considers to be important.
B. The superintendent or the superintendent's designee shall track and make publicly available the following information regarding independent outpatient health care facilities:
(1) the total number of claims filed against independent outpatient health care facilities by year;
(2) the total number of settlements paid out on behalf of independent outpatient health care facilities by year; and
(3) the dollar amounts of settlements paid out by the fund on behalf of independent outpatient health care facilities by year.
History:
1978 Comp., § 41-5-29, enacted by Laws 1992, ch. 33, § 10; 2021, ch. 16, § 16; 2023, ch. 207, § 4.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, required the superintendent of insurance or the superintendent's designee to make publicly available certain information regarding independent outpatient health care facilities; added new subsection designation "A."; redesignated former Subsections A through D as Paragraphs A(1) through A(4), respectively; and added a new Subsection B.
The 2021 amendment,
effective January 1, 2022, required the superintendent, upon request, to provide an itemized accounting of the total contributions to the patient's compensation fund and to provide all information regarding closed claims files; in the section heading, added "Fund" preceding "reports; in Subsection B, added "an itemized accounting of"; added a new Subsection C and redesignated former Subsection C as Subsection D; and in Subsection D, after "superintendent", added "or the legislature".
2023 New Mexico Statutes › Chapter 41 - Torts › Article 6 - Professional Liability Fund Act (Repealed.) › Section 41-6-1 to 41-6-14 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1976, ch. 5, § 15 repealed 41-6-1 to 41-6-14 NMSA 1978, the Professional Liability Fund Act, as enacted by Laws 1976, ch. 5, §§ 1 to 14, effective July 1, 1981.
2023 New Mexico Statutes › Chapter 41 - Torts › Article 7 - Libel and Slander › Section 41-7-2 - [Judgment as res judicata.]

A judgment in any jurisdiction for or against the plaintiff upon the substantive merits of any action for damages founded upon a single publication or exhibition or utterance as described in Section 1 [41-7-1 NMSA 1978] shall bar any other action for damages by the same plaintiff against the same defendant founded upon the same publication or exhibition or utterance.
History:
1953 Comp., § 40-27-31, enacted by Laws 1955, ch. 50, § 2; 1978 Comp., § 30-34-2, recompiled as 1978 Comp., § 41-7-2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 41 - Torts › Article 7 - Libel and Slander › Section 41-7-3 - [Uniformity of interpretation.]

This act [41-7-1 to 41-7-5 NMSA 1978] shall be so interpreted as to effectuate its purpose to make uniform the law of those states or jurisdictions which enact it.
History:
1953 Comp., § 40-27-32, enacted by Laws 1955, ch. 50, § 3; 1978 Comp., § 30-34-3, recompiled as 1978 Comp., § 41-7-3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 41 - Torts › Article 7 - Libel and Slander › Section 41-7-4 - [Short title.]

This act [41-7-1 to 41-7-5 NMSA 1978] may be cited as the Uniform Single Publication Act.
History:
1953 Comp., § 40-27-33, enacted by Laws 1955, ch. 50, § 4; 1978 Comp., § 30-34-4, recompiled as 1978 Comp., § 41-7-4.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 41 - Torts › Article 7 - Libel and Slander › Section 41-7-5 - [Retroactive effect.]

This act [41-7-1 to 41-7-5 NMSA 1978] shall not be retroactive as to causes of action existing on its effective date.
History:
1953 Comp., § 40-27-34, enacted by Laws 1955, ch. 50, § 5; 1978 Comp., § 30-34-5, recompiled as 1978 Comp., § 41-7-5.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 41 - Torts › Article 8 - Arson Reporting Immunity › Section 41-8-1 - Short title.

This act [41-8-1 to 41-8-6 NMSA 1978] may be cited as the "Arson Reporting Immunity Act".
History:
Laws 1979, ch. 117, § 1.
ANNOTATIONS
Emergency clauses.
— Laws 1979, ch. 117, § 7 contained an emergency clause and was approved March 26, 1979.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
What constitutes "burning" to justify charge of arson, 28 A.L.R.4th 482.
2023 New Mexico Statutes › Chapter 41 - Torts › Article 8 - Arson Reporting Immunity › Section 41-8-2 - Definitions.

As used in the Arson Reporting Immunity Act:
A. "authorized agencies" means the:
(1) state fire marshal or his designate when authorized or charged with the investigation of the fire or explosion at the place where the fire or explosion actually took place;
(2) district attorney responsible for prosecution in the county where the fire occurred;
(3) attorney general when involved in the investigation or responsible for the prosecution of an alleged arson or prosecution of an arson;
(4) county and municipal fire departments authorized or charged with the investigation of fires at the place where the fire actually occurred;
(5) governor's organized crime prevention commission;
(6) county sheriffs' departments and municipal police departments authorized or charged with the investigation of fires at the place where the fire actually occurred; and
(7) New Mexico state police;
B. "authorized agencies" for the purposes of Subsection A of Section 41-8-3 NMSA 1978 also means:
(1) the federal bureau of investigation;
(2) the United States attorney's office when authorized or charged with investigation or prosecution of the fire in question; and
(3) the United States treasury department bureau of alcohol, tobacco and firearms;
C. "relevant" means information having any tendency to make the existence of any fact that is of consequence to the investigation or determination of the issue more probable than it would be without the evidence;
D. "deemed important" means material deemed important if, within the sole discretion of the authorized agency, such material is requested by that authorized agency;
E. "action" as used in this statute, includes nonaction or the failure to take action;
F. "immune" means that neither a civil action nor a criminal prosecution may arise from any action taken pursuant to Section 41-8-3 or 41-8-4 NMSA 1978 where actual malice on the part of the insurance company or authorized agency against the insured is not present; and
G. "insurance company" includes the New Mexico FAIR plan [59A-29-2 to 59A-29-9 NMSA 1978].
History:
Laws 1979, ch. 117, § 2; 1987, ch. 276, § 1.
ANNOTATIONS
Effective dates.
— Laws 1987, ch. 276 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 1987, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 41 - Torts › Article 8 - Arson Reporting Immunity › Section 41-8-3 - Disclosure and information.

A. Any authorized agency may, in writing, require the insurance company at interest to release to the requesting agency any or all relevant information or evidence deemed important to the authorized agency which the company may have in its possession, relating to the fire loss in question. Relevant information includes but is not limited to:
(1) pertinent insurance policy information relevant to a fire loss under investigation and any application for such policy;
(2) policy premium payment records which are available;
(3) history of previous claims made by the insured; or
(4) material relating to the investigation of the loss, including statements of any person, proof of loss and any other evidence relevant to the investigation.
B. When an insurance company has reason to believe that a fire loss in which it has an interest may be of other than accidental cause, the company shall, in writing, notify an authorized agency and provide it with any or all material developed from the company's inquiry into the fire loss. When an insurance company provides any one of the authorized agencies with notice of a fire loss, it shall be sufficient notice for the purpose of the Arson Reporting Immunity Act. Nothing in this subsection shall abrogate or impair the rights or powers created under Subsection A of this section.
C. The authorized agency provided with information pursuant to Subsection A or B of this section and in furtherance of its own purposes, may release or provide such information to any of the other authorized agencies.
D. Any insurance company providing information to an authorized agency or agencies pursuant to Subsection A or B of this section shall have the right to request relevant information and receive, within a reasonable time, the information requested.
E. Any insurance company or person acting on its behalf or authorized agency who releases information, whether oral or written, pursuant to Subsection A, B or C of this section shall be immune from any liability arising out of a civil action or penalty resulting from a criminal prosecution.
History:
Laws 1979, ch. 117, § 3.
ANNOTATIONS
Emergency clauses.
— Laws 1979, ch. 117, § 7 contained an emergency clause and was approved March 26, 1979.
2023 New Mexico Statutes › Chapter 41 - Torts › Article 8 - Arson Reporting Immunity › Section 41-8-4 - Evidence.

Any authorized agency or insurance company described in Section 2 or 3 [41-8-2 or 41-8-3 NMSA 1978] of the Arson Reporting Immunity Act who receives any information furnished pursuant to that act, shall hold the information in confidence except as provided for in Subsection C of Section 3 [41-8-3 NMSA 1978] of that act or until such time as its release is required pursuant to a criminal or civil proceeding.
History:
Laws 1979, ch. 117, § 4.
ANNOTATIONS
Emergency clauses.
— Laws 1979, ch. 117, § 7 contained an emergency clause and was approved March 26, 1979.
2023 New Mexico Statutes › Chapter 41 - Torts › Article 8 - Arson Reporting Immunity › Section 41-8-5 - Enforcement.

Any person who fails to hold in confidence information required to be held in confidence by Subsection A of Section 4 [41-8-4 NMSA 1978] of the Arson Reporting Immunity Act, shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not to exceed one thousand dollars ($1,000).
History:
Laws 1979, ch. 117, § 5.
ANNOTATIONS
Emergency clauses.
— Laws 1979, ch. 117, § 7 contained an emergency clause and was approved March 26, 1979.
Compiler's notes.
— The reference to "Subsection A of Section 4 of the Arson Reporting Immunity Act" is apparently a reference to Section 4 [41-8-4 NMSA 1978] of the act, which has no subsections.
2023 New Mexico Statutes › Chapter 41 - Torts › Article 8 - Arson Reporting Immunity › Section 41-8-6 - Jurisdiction not affected.

The provisions of the Arson Reporting Immunity Act shall not be construed to extend or affect the jurisdiction of any authorized agency specified in that act.
History:
Laws 1979, ch. 117, § 6.
ANNOTATIONS
Emergency clauses.
— Laws 1979, ch. 117, § 7 contained an emergency clause and was approved March 26, 1979.
2023 New Mexico Statutes › Chapter 41 - Torts › Article 9 - Review Organization Immunity › Section 41-9-1 - Short title.

This act [41-9-1 to 41-9-7 NMSA 1978] may be cited as the "Review Organization Immunity Act".
History:
Laws 1979, ch. 169, § 1.
ANNOTATIONS
Act's qualified immunity replaces common law absolute immunity.
— This act abolishes any common-law absolute immunity available to review organization participants prior to its enactment, establishing instead a qualified immunity.
Leyba v. Renger
, 1992-NMSC-061, 114 N.M. 686, 845 P.2d 780.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Tort liability of medical society or professional association for failure to discipline or investigate negligent or otherwise incompetent medical practitioner, 72 A.L.R.4th 1148.
2023 New Mexico Statutes › Chapter 41 - Torts › Article 9 - Review Organization Immunity › Section 41-9-2 - Definitions.

As used in the Review Organization Immunity Act:
A. "person" means any individual, corporation, partnership, firm or other entity;
B. "health care provider" means any person licensed by the state or permitted by law to provide health care services;
C. "health care services" means services rendered by a health care provider of the type the health care provider is licensed or permitted to provide;
D. "staff" means the members of the governing board, officers and employees of a health care provider which is not an individual; and
E. "review organization" means an organization whose membership is limited to health care providers and staff, except where otherwise provided for by state or federal law, and which is established by a health care provider which is a hospital, by one or more state or local associations of health care providers, by a nonprofit health care plan, by a health maintenance organization, by an emergency medical services system or provider as defined in the Emergency Medical Services Act [24-10B-1 to 24-10B-11 NMSA 1978], or by a professional standards review organization established pursuant to 42 U.S.C., Section 1320c-1 et seq. to gather and review information relating to the care and treatment of patients for the purposes of:
(1) evaluating and improving the quality of health care services rendered in the area or by a health care provider;
(2) reducing morbidity or mortality;
(3) obtaining and disseminating statistics and information relative to the treatment and prevention of diseases, illnesses and injuries;
(4) developing and publishing guidelines showing the norms of health care services in the area or by health care providers;
(5) developing and publishing guidelines designed to keep within reasonable bounds the cost of health care services;
(6) reviewing the nature, quality or cost of health care services provided to enrollees of health maintenance organizations and nonprofit health care plans;
(7) acting as a professional standards review organization pursuant to 42 U.S.C., Section 1320c-1, et seq.; or
(8) determining whether a health care provider shall be granted authority to provide health care services using the health care provider's facilities or whether a health care provider's privileges should be limited, suspended or revoked.
History:
Laws 1979, ch. 169, § 2; 1993, ch. 161, § 12.
ANNOTATIONS
The 1993 amendment,
effective June 18, 1993, inserted "by an emergency medical services system or provider as defined in the Emergency Medical Services Act" in the introductory language of Subsection E.
2023 New Mexico Statutes › Chapter 41 - Torts › Article 9 - Review Organization Immunity › Section 41-9-3 - Limitation on liability for persons providing information to review organization.

No person providing information to a review organization shall be subject to any action for damages or other relief by reason of having furnished such information, unless such information is false and the person providing such information knew or had reason to believe such information was false.
History:
Laws 1979, ch. 169, § 3.
ANNOTATIONS
Act's qualified immunity replaces common law absolute immunity.
— This act abolishes any common-law absolute immunity available to review organization participants prior to its enactment, establishing instead a qualified immunity.
Leyba v. Renger
, 1992-NMSC-061, 114 N.M. 686, 845 P.2d 780.
Applicability of section.
— In order to assert the protection of this section, an individual must be providing information to the review organization. Thus, since the facts were not disputed that the alleged defamatory statements were made during conversations with individuals who were not members of the review organization, this section did not apply.
Leyba v. Renger
, 874 F. Supp. 1218 (D.N.M. 1994).
2023 New Mexico Statutes › Chapter 41 - Torts › Article 9 - Review Organization Immunity › Section 41-9-6 - Penalty for violation.

Any disclosure other than that authorized by the Review Organization Immunity Act of data and information acquired by a review organization or of what transpired at a review organization meeting is guilty of a petty misdemeanor and shall be punished by imprisonment for not to exceed six months or by a fine of not more than one hundred dollars ($100), or both.
History:
Laws 1979, ch. 169, § 6.
2023 New Mexico Statutes › Chapter 41 - Torts › Article 9 - Review Organization Immunity › Section 41-9-7 - Protection of patient.

Nothing contained in the Review Organization Immunity Act shall be construed to relieve any person of any liability which the person has incurred or may incur to a patient as a result of furnishing health care services to such patient.
History:
Laws 1979, ch. 169, § 7.
ANNOTATIONS
Severability.
— Laws 1979, ch. 169, § 8 provided for the severability of the act if any part or application thereof was held invalid.
2023 New Mexico Statutes › Chapter 41 - Torts › Article 10 - Food Donors Liability › Section 41-10-1 - Short title.

This act [41-10-1 to 41-10-3 and 41-10-4 NMSA 1978] may be cited as the "Food Donors Liability Act".
History:
Laws 1981, ch. 100, § 1.
ANNOTATIONS
Compiler's notes.
— "This act" refers to Laws 1981, ch. 100, §§ 1 through 3. Laws 1993, ch. 133, § 1 enacted a new section of the Food Donors Liability Act which was compiled as 41-10-4 NMSA 1978.
Cross references.
— For Food Products Delivery Guarantee Act,
see
ch. 57, art. 24 NMSA 1978.