A. The New Mexico medical review commission is created. The function of the New Mexico medical review commission is to provide panels to review all malpractice claims against health care providers covered by the Medical Malpractice Act.
B. Those eligible to sit on a panel shall consist of health care providers licensed pursuant to New Mexico law and residing in New Mexico and the members of the state bar.
C. Cases which a panel will consider include all cases involving any alleged act of malpractice occurring in New Mexico by health care providers qualified under the Medical Malpractice Act.
D. An attorney shall submit a case for the consideration of a panel, prior to filing a complaint in any district court or other court sitting in New Mexico, by addressing an application, in writing, signed by the patient or his attorney, to the director of the medical review commission.
E. The director of the medical review commission will be an attorney appointed by and serving at the pleasure of the chief justice of the New Mexico supreme court.
F. The chief justice shall set the director's salary and report the same to the superintendent in his capacity as custodian of the patient's compensation fund.
History: 1953 Comp., § 58-33-14, enacted by Laws 1976, ch. 2, § 14.
ANNOTATIONSEmergency clauses. — Laws 1976, ch. 2, § 32 contained an emergency clause and was approved February 27, 1976.
Claim submitted as of date of mailing. — The date of mailing an application for a claim to the review commission constitutes submission of the claim for purposes of Subsection D of this section. Otero v. Zouhar, 1985-NMSC-021, 102 N.M. 482, 697 P.2d 482, overruled on other grounds by Grantland v. Lea Reg'l Hosp., 1990-NMSC-076, 110 N.M. 378, 796 P.2d 599.
Law reviews. — For article, "Medical Malpractice Legislation in New Mexico," see 7 N.M.L. Rev. 5 (1976-77).
For comment on access to the courts and the Medical Malpractice Act: Jiron v. Mahlab, see 14 N.M.L. Rev. 503 (1984).
For survey of medical malpractice law in New Mexico, see 18 N.M.L. Rev. 469 (1988).