Medical Malpractice lawsuits work a little bit different than regular personal injury lawsuits when it comes to the healthcare provider or doctor you see. If the provider is a qualified healthcare provider you need to submit an application through your attorney to the New Mexico Medical Review Commission before the malpractice case can go to court.
A medical malpractice lawsuit is like any other personal injury lawsuit in many ways with one significant exception: if the physician or healthcare provider or healthcare entity is considered a “qualified health care” provider then the patient must first submit an application to the New Mexico Medical Review Commission. If the doctor or healthcare professional is not a “qualified health care” provider, then the patient may file a medical malpractice lawsuit without waiting for the result of the Medical Review Commission (although the lawsuit can be stayed if filed prior to a panel hearing).
The application to the New Mexico Medical Review Commission must be submitted and sent by an attorney. A list of all medical providers that the patient saw must be included and documentation from the medical providers is helpful in addition to a list of medical providers seen. A list of providers that you would want to request information from where the injury happened is also necessary. Your attorney can formulate a letter detailing the injuries that took place as a result of seeing the medical provider. If a provider is not covered by the New Mexico Medical Review Commission, the case can go straight to court. To find out if your medical provider is covered by the New Mexico Medical Review Commission please email [email protected] or call 505-242-7200.
The Davis Kelin Law Firm accepts all types of medical malpractice cases throughout the state of New Mexico. If you are suffering as a result of malpractice due to treatment from a doctor, the best thing to do is reach out to a qualified attorney to discuss your case. If you are not certain that you would like to go through with your case talk it over with an attorney before making a final decision.