The New Mexico Review Commission was created to reviews malpractice claims that are filed against a qualified healthcare provider. It was enacted in 1976. Each claimed that is filed is reviewed by three panel members from the medical profession and 3 panel members from the state bar.
The Medical Malpractice Act also created the New Mexico Medical Review Commission. The commission’s function is to provide panels to review to all malpractice claims filed against qualified healthcare providers. A medical review panel is required for any “malpractice claim” filed against a qualified healthcare provider.
A “malpractice claim” “includes any cause of action arising in this state against a health care provider for medical treatment, lack of medical treatment or other claimed departure from accepted standards of health care which proximately results in injury to the patient, whether the patient’s claim or cause of action sounds in tort or contract, and includes but is not limited to actions based on battery or wrongful death; “malpractice claim” does not include a cause of action arising out of the driving, flying or nonmedical acts involved in the operation, use or maintenance of a vehicular or aircraft ambulance.”
The Medical Malpractice Act requires that “an attorney” must submit a written application to the director of the Medical Review Commission prior to filing a lawsuit in New Mexico district court.
The Davis Kelin Law Firm handles all types of medical malpractice cases every day. If you have yet to retain a lawyer for your medical malpractice case, feel free to reach out to us at 505-242-7200. We have an aggressive trail approach to each malpractice case and will get you the results you deserve even if that means going to trial and not settling.