 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Grantland v. Lea Regional Hospital Inc.8/20/1990
WILSON, Justice.
Defendant-respondent Lea Regional Hospital, Inc. (Regional) filed a motion in district court to dismiss the medical malpractice complaint of plaintiffs-petitioners James R. and Betty Grantland (Grantlands) on the basis that the statute of limitations barred their recovery. When the district court denied Regional's motion, Regional filed an interlocutory appeal to the court of appeals. The court of appeals reversed the district court. We granted certiorari and now reverse the court of appeals.
Pursuant to the Medical Malpractice Act, NMSA 1978, Sections 41-5-1 to -28 (Repl. Pamp. 1989) (the Act), on May 14, 1986, Grantlands filed an application with the New Mexico medical review commission (the commission) requesting consideration of their claim of medical malpractice against Regional. Grantlands alleged that Regional committed medical malpractice in the care and treatment of James R. Grantland from mid-June through July 1983. In September 1986, Grantlands made further inquiry of the commission as to Regional's
status as a qualified health care provider. On October 8, 1986, the commission advised Grantlands that Regional had not contributed to the patient's compensation fund and therefore was not a qualified health care provider under the Medical Malpractice Act.
In the meantime, on September 12, 1986, Grantlands filed a medical malpractice complaint against Regional in district court. The district court found that Grantlands did not know or have reason to know that Regional was not a qualified health care provider for the purposes of the Act, and even though the Grantlands' complaint was filed in district court more than three years after the date of the alleged malpractice, it was not barred by the statute of limitations as a matter of law.
The single issue in this case is whether the filing of a medical malpractice application with the New Mexico medical review commission tolls the statute of limitations as to nonqualified health care providers.
In 1976, the New Mexico legislature created a medical review commission to review all medical malpractice claims against "health care providers covered by the Medical Malpractice Act." § 41-5-14(A). See generally Kovnat, Medical Malpractice Legislation in New Mexico, 7 N.M.L. Rev. 5 (1976-77). The intent of the Act is to prevent the filing of nonmeritorious malpractice lawsuits. . To facilitate this purpose, the Act provides that prior to filing a complaint in any court against a "qualifying health care provider," the cat must submit an application to the medical review commission. § 41-5-15(A). Upon receipt of an application a panel is selected, § 41-5-17, and after consideration of all relevant material, the panel decides only two questions, namely, "(1) whether there is substantial evidence that the acts complained of occurred and that they constitute malpractice; and (2) whether there is a reasonable medical probability that the patient was injured thereby." § 41-5-20. Submission of a case for the consideration of the panel tolls the statute of limitations period until thirty days after the panel's final decision is entered in the permanent files of the commission and a copy is served upon the claimant and his attorney by certified mail. § 41-5-22.
In its opinion the court of appeals relies upon . A comprehensive reading of this case convinces us that claimants who make a good-faith attempt to comply with the Medical Malpractice Act should not b
Page 1 2 3 4 New Mexico Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|