2021 New Mexico Statutes
Chapter 41 - Torts
Article 5 - Medical Malpractice Act
Section 41-5-19 - Hearing procedures. (Effective January 1, 2022.)

A. At the time set for hearing, the attorney submitting the case for review shall be present and shall make a brief introduction of the case, including a resume of the facts constituting alleged professional malpractice. The independent provider against whom the claim is brought and the independent provider's attorney may be present and may make an introductory statement of the independent provider's case.

B. Both parties may call witnesses to testify before the panel, which witnesses shall be sworn. Medical texts, journals, studies and other documentary evidence relied upon by either party may be offered and admitted if relevant. Written statements of fact of treating independent providers may be reviewed. The monetary damages in any case shall not be a subject of inquiry or discussion.

C. The hearing shall be informal, and no official transcript shall be made. Nothing contained in this subsection shall preclude the recording or transcribing of the testimony by the parties at their own expense.

D. At the conclusion of the hearing, the panel shall deliberate and reach a decision.

History: 1953 Comp., § 58-33-19, enacted by Laws 1976, ch. 2, § 19; 2021, ch. 16, § 12.

The 2021 amendment, effective January 1, 2022, removed a provision that a panel, at the conclusion of a hearing, may take the case under advisement or may request additional evidence, and required that a panel, at the conclusion of a hearing, deliberate and reach a decision; preceding each occurrence of "provider", changed "health care" to "independent"; in Subsection D, after "the panel", deleted the remainder of the subsection and added "shall deliberate and reach a decision"; and deleted Subsection E.