There are a few key requirements that must be met to submit an application to the Medical Review Commission for review. This is to help the Medical Review Commission know what happened and find out how they can best help you with your case. A statement with the people involved and the providers that were seen is necessary to include. In addition, the dates of the incident of the malpractice plus all health records speed up the process. It must be then signed by the attorney that is representing the victim of malpractice.
If the medical provider is a “qualified” provider under the Act, an attorney to submit an application to the New Mexico Medical Review Commission before filing a lawsuit against the qualified healthcare provider. The application tolls the statute of limitations and does not begin to run until thirty days after the panel’s final decision is entered. What this means if the negligent doctor or medical provider is considered “qualified” under the Act, then a lawsuit does not have to be filed until 30 days after a final decision is enter or three years after the act of malpractice, whichever is later.
There is no specific form for the application, but there are certain requirements that must be met:
- Brief Statement of the Facts of the Case (emphasis on brief) which includes:
- Name the persons involved (patient and all providers);
- List the dates and circumstances of the malpractice (to the extent known);
- Healthcare Releases. The statues states that the application must contain “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,” but an execute healthcare release provides this statement.
- Signed by Patient or Patient’s Attorney.
The application is then delivered, mailed, or faxed and mailed to the New Mexico Medical Review Commission, 316 Osuna NE, Suite 501 Albuquerque, NM 87107. When the commission receives the application, it will notify the medical providers involved. The medical provider will then answer the application for review and submit their own statement authorizing the panel access to all medical and hospital records. Typically, this will be done by the healthcare provider’s attorney.
By working closely with your lawyer you can successfully complete the steps above and begin working toward a successful resolution. If you have yet to retain a lawyer to begin working on your case including submitting a successful application to the Medical Review Commission, we can help. The Davis Kelin Law Firm has extensive experience in handling these types of cases, especially when a qualified medical provider is involved.