2019 New Mexico Statutes
Chapter 41 - Torts
Article 4 - Tort Claims
Section 41-4-10 - Liability; health care providers.

The immunity granted pursuant to Subsection A of Section 41-4-4 NMSA 1978 does not apply to liability for damages resulting from bodily injury, wrongful death or property damage caused by the negligence of public employees licensed by the state or permitted by law to provide health care services while acting within the scope of their duties of providing health care services.

History: 1953 Comp., § 5-14-10, enacted by Laws 1976, ch. 58, § 10; 1977, ch. 386, § 7; 1978, ch. 166, § 2.

Emergency clauses. — Laws 1978, ch. 166, § 20 contained an emergency clause and was approved April 6, 1978.

"Public employees". — Employees at a community mental health facility regulated by the health and environment department (now department of health) were not "public employees" within the meaning of the Tort Claims Act [41-4-1 through 41-4-27 NMSA 1978] because the regulatory scheme did not give the department the right to control the details of the work of the facility. Armijo v. Department of Health & Env't, 1989-NMCA-043, 108 N.M. 616, 775 P.2d 1333.

Health care providers. — The legislature, in partially waiving the state's sovereign immunity, clearly intended to limit "health care providers" to those who cure or prevent impairments of the normal state of the body. M.D.R. v. State ex rel. Human Servs. Dep't, 1992-NMCA-052, 114 N.M. 187, 836 P.2d 106.

Law reviews. — For article, "Constitutional Torts and the New Mexico Torts Claims Act," see 13 N.M.L. Rev. 1 (1983).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 40 Am. Jur. 2d Hospitals §§ 15, 38.

Liability of private, noncharitable hospital or sanitarium for improper care or treatment of patients, 22 A.L.R. 341, 39 A.L.R. 1431, 124 A.L.R. 186.

Immunity from liability for damages in tort of state or governmental unit or agency in operating hospital, 25 A.L.R.2d 203, 18 A.L.R.4th 858.

Governmental tort liability for injuries caused by negligently released individual, 6 A.L.R.4th 1155.

Liability for wrongful autopsy, 18 A.L.R.4th 858.

Physician's liability to third person for prescribing drug to known drug addict, 42 A.L.R.4th 586.

Liability of hospital or sanitarium for negligence of physician or surgeon, 51 A.L.R.4th 235.

Liability for injury or death allegedly caused by activities of hospital "rescue team", 64 A.L.R.4th 1200.

Medical malpractice in performance of legal abortion, 69 A.L.R.4th 875.

Liability of hospital for injury to person invited or permitted to accompany patient during emergency room treatment, 90 A.L.R.4th 478.

Liability of hospital, physician, or other medical personnel for death or injury from use of drugs to stimulate labor, 1 A.L.R.5th 243.

Hospital liability as to diagnosis and care of patients in emergency room, 58 A.L.R.5th 613.

Liability of hospital or medical practitioner under doctrine of strict liability in tort, or breach of warranty, for harm caused by drug, medical instrument, or similar device used in treating patient, 65 A.L.R.5th 357.

14 C.J.S. Charities § 58; 20 C.J.S. Counties § 166.