New Mexico Statutes Chapter 41. Torts § 41-5-15. Commission decision required;  application

A. No malpractice action may be filed in any court against a qualifying health care provider before application is made to the medical review commission and its decision is rendered.

B. This application shall contain the following:

(1) a brief statement of the facts of the case, naming the persons involved, the dates and the circumstances, so far as they are known, of the alleged act or acts of malpractice;  and

(2) 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.


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