2021 New Mexico Statutes
Chapter 41 - Torts
Article 5 - Medical Malpractice Act
Section 41-5-12 - Claims for compensation not assignable.

Universal Citation: NM Stat § 41-5-12 (2021)

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.


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

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.

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