2021 New Mexico Statutes
Chapter 41 - Torts
Article 5 - Medical Malpractice Act
Section 41-5-15 - Commission decision required; application. (Effective January 1, 2022.)

A. No malpractice action may be filed in any court against a qualifying independent provider or the independent provider's employer, master or principal based on a theory of respondeat superior or any other derivative theory of recovery before application is made to the New Mexico medical review commission and its decision is rendered; provided, however, that an independent provider and the patient may stipulate to forego the panel process.

B. This application shall contain the following:

(1) the name of the health care provider against which the claims are asserted;

(2) a short and plain statement of the grounds as to why the New Mexico medical review commission has jurisdiction over the claims being asserted;

(3) the specific date or date range when the malpractice allegedly occurred;

(4) so far as known, a brief statement of the facts supporting the patient's malpractice claim; and

(5) 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.

History: 1953 Comp., § 58-33-15, enacted by Laws 1976, ch. 2, § 15; 2021, ch. 16, § 8.

The 2021 amendment, effective January 1, 2022, provided that no malpractice action may be filed based on a theory of respondeat superior or any other derivative theory of recovery before application is made to the New Mexico medical review commission and its decision is rendered, provided that an independent provider and the patient may stipulate to forego the panel process, and revised the required contents of an application to the New Mexico medical review commission; in Subsection A, after "qualifying", deleted "health care" and added "independent", after "provider", added "or the independent provider's employer, master or principal based on a theory of respondeat superior or any other derivative theory of recovery", and after "rendered", added the remainder of the subsection; and in Subsection B, deleted former Paragraph B(1) and added new Paragraphs B(1) through B(4), and redesignated former Paragraph B(2) as Paragraph B(5).