If your doctor, nurse, or other health care provider committed medical malpractice, you may be entitled to compensation for your injuries under New Mexico’s medical malpractice laws. If your claim does not settle out of court—which is common in these cases—you may need to file a lawsuit. However, you must attend a Medical Review Commission hearing before filing your civil complaint.
Requirement of Medical Review Commission Hearing in Medical Malpractice Cases
In our state, it is a prerequisite that there be a review of a medical malpractice claim by the Medical Review Commission before a patient files a lawsuit against a qualifying health care provider. The victim must file an application with the Commission within three years of the medical malpractice. If they fail to file it within this deadline, they would be barred from pursuing their claim.
When submitting the application, the following information would need to be provided:
- Details of the patient’s care, such as the dates of treatment, medical care providers involved, and the acts of malpractice committed
- An authorization for the medical review panel to obtain the patient’s medical records
The panel reviewing the application would be three members of the commission practicing in the same field as the medical provider in the case and three attorneys who are members of the New Mexico State Bar. They would be required to conduct a hearing where both the medical malpractice victim and health care provider can present arguments, evidence, and witness testimony.
The hearing would be conducted within approximately 60 days after the application was filed. In deciding whether medical malpractice had been proven, the panel would vote by secret ballot to answer these two questions:
- Is there “substantial evidence” that the health care provider committed medical malpractice?
- Is there a “reasonable medical probability” that the victim suffered injuries due to medical malpractice?
What Happens After the Medical Review Commission Hearing?
If the panel determined that medical practice had occurred and the patient suffered injuries, they would help the victim hire a medical malpractice doctor as an expert witness to assist in their trial preparation and testify on their behalf. If the panel’s decision was against the patient, it would not preclude the victim from filing a civil lawsuit. In addition, their determination would not be admissible in the court case.
Were you the victim of medical malpractice in Roswell, Carlsbad, Artesia, or Southeast New Mexico? Our experienced Roswell medical malpractice lawyers can file your application for a medical review panel hearing, attend the hearing with you, and file your lawsuit if the insurance company refuses to offer you the compensation you deserve for your injuries. To learn more about how we can assist you, start a live chat or fill out our contact form to schedule your free consultation today.