2020 New Mexico Statutes
Chapter 41 - Torts
Article 5 - Medical Malpractice Act
Section 41-5-2 - Purpose of act.

The purpose of the Medical Malpractice Act is to promote the health and welfare of the people of New Mexico by making available professional liability insurance for health care providers in New Mexico.

History: 1953 Comp., § 58-33-2, enacted by Laws 1976, ch. 2, § 2.

Emergency clauses. — Laws 1976, ch. 2, § 32 contained an emergency clause and was approved February 27, 1976.

Medical Malpractice Act held constitutional. Otero v. Zouhar, 1984-NMCA-054, 102 N.M. 493, 697 P.2d 493, rev'd in part on other grounds, 1985-NMSC-021, 102 N.M. 482, 697 P.2d 482.

Malpractice claims under this article do not include claims of criminal sexual assault not committed in the course of rendering professional health care services. N.M. Physicians Mut. Liab. Co. v. LaMure, 1993-NMSC-048, 116 N.M. 92, 860 P.2d 734.

Limits of recovery. — This section is not arbritrary and capricous and is rationally related to legislative goal of ensuring a source of recovery for victims of medical malpractice and curbing runaway medical costs, relying in part on Trujillo v. City of Albuquerque, 1998-NMSC-031, 125 N.M. 721, 965 P.2d 305. Fed. Exp. Corp. v. United States, 228 F. Supp 2d 1267 (D.N.M. 2002).

Law reviews. — For article, "Medical Malpractice Legislation in New Mexico," see 7 N.M.L. Rev. 5 (1976-77).

For survey of medical malpractice law in New Mexico, see 18 N.M.L. Rev. 469 (1988).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 61 Am. Jur. 2d Physicians, Surgeons, and Other Healers §§ 372 to 377.

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.

Coverage of professional-liability or -indemnity policy for sexual contact with patients by physicians, surgeons, and other healers, 60 A.L.R.5th 239.