2019 New Mexico Statutes
Chapter 41 - Torts
Article 1 - Settlements, Releases and Statements
Section 41-1-2 - Settlements, releases and statements; applicability.

Universal Citation: NM Stat § 41-1-2 (2019)

The provisions of this act [41-1-1, 41-1-2 NMSA 1978] relating to settlements, releases and statements obtained, by a person whose interest is or may become adverse, from a patient confined in a hospital or sanitarium or being treated by a person licensed to practice the healing arts, shall not apply, if at least five days prior to obtaining the settlement, release or statement, the injured party has signified in writing, by a statement acknowledged before a notary public, who has no interest adverse to the injured party, his willingness that a settlement, release or statement be given.

History: 1953 Comp., § 21-11-2, enacted by Laws 1971, ch. 70, § 2.


Severability. — Laws 1971, ch. 70, § 3 provided for the severability of the act if any part or application thereof was held invalid.

For attorney to bind client to settlement agreement, the attorney must have specific authority to do so, unless there is an emergency or some overriding reason for enforcing the settlement despite the attorney's lack of specific authority. Bolles v. Smith, 1979-NMSC-019, 92 N.M. 524, 591 P.2d 278.

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