New Mexico
Medical Review Commission
Frequently Asked Questions
Please reach us at [email protected] if you cannot find an answer to your question.
Attorneys licensed in the State of New Mexico must file the application with the New Mexico Medical Review Commission pursuant to 41-5-14 (D) NMSA 1978.
No. Pursuant to 41-5-14 (D) NMSA 1978 attorneys licensed in the State of New Mexico must file the application with the New Mexico Medical Review Commission.
Qualified Healthcare Provider is a doctor of medicine, doctor of osteopathy, chiropractor, podiatrist, nurse anesthetist, physician’s assistant, certified nurse practitioner, clinical nurse specialist or certified nurse-midwife, hospital, or licensed outpatient healthcare facility.
If you still have questions or cannot locate a provider you can submit an e-mail request to [email protected].
Pursuant to 41-5-14 (C) NMSA 1978 “The only cases that a panel will consider are cases involving an alleged act of malpractice occurring in New Mexico by an independent provider qualified under the Medical Malpractice Act. Beginning July 1, 2021, cases involving an alleged act of malpractice by a hospital or outpatient health care facility shall not be considered and such claims shall not be filed with the New Mexico Medical Review Commission.”
Pursuant to 41-5-3 (E) NMSA 1978 an “independent provider” means a doctor of medicine, doctor of osteopathy, chiropractor, podiatrist, nurse anesthetist, physician’s assistant, certified nurse practitioner, clinical nurse specialist or certified nurse-midwife who is not an employee of a hospital or outpatient health care facility. “Independent provider” includes a business entity that is not a hospital or outpatient health care facility that employs or consists of members who are licensed or certified as doctors of medicine, doctors of osteopathy, chiropractors, podiatrists, nurse anesthetists, physician’s assistants, certified nurse practitioners, clinical nurse specialists or certified nurse-midwives and the business entity’s employees.
Pursuant to 41-5-15 (B) NMSA 1978
This application shall contain the following:
(1) the name of the health care provider against which the claims are asserted;
(2) a short and plain statement of the grounds as to why the New Mexico medical review commission has jurisdiction over the claims being asserted;
(3) the specific date or date range when the malpractice allegedly occurred;
(4) so far as known, a brief statement of the facts supporting the patient’s malpractice claim; and
(5) 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. Nothing in that statement shall in any way be construed as waiving that privilege for any other purpose or in any other context, in or out of court (A HIPAA Compliant Authorization executed by the patient or personal representative of the patient (if personal representative, appropriate Court Order Appointing Representative must also be submitted).
Panels consist of three (3) attorneys licensed in the State of New Mexico and three (3) panelists from the independent provider(s) professional association or regulatory agency (i.e. Medical Board or New Mexico Licensing & Regulation Department). In cases where there are claims against multiple independent providers, a single combined panel shall review the claims against all party providers.