SENATE BILL 295

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Pete Campos

AN ACT

RELATING TO HEALTH CARE; REQUIRING HEALTH CARE PROVIDERS TO DISCLOSE ANY MEDICAL MALPRACTICE CLAIMS AGAINST THEM.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. [NEW MATERIAL] MEDICAL MALPRACTICE--MANDATORY DISCLOSURE.--

          A. A health care provider against which a medical malpractice claim has been made shall disclose the fact and the nature of that medical malpractice claim to any person that requests that information and, if the matter has been resolved, the outcome of that medical malpractice claim.  

          B. As used in this section:

                (1) "health care provider" means any individual who is licensed to provide health care in the ordinary course of business or a health care facility where health care is provided in the ordinary course of business; and

                (2) "medical malpractice claim" means any cause of action arising in this state against a health care provider for medical treatment, lack of medical treatment or other claimed departure from accepted standards of health care that proximately results in injury to the patient, whether the patient's claim or cause of action sounds in tort or contract, and includes actions based on battery or wrongful death. "Medical malpractice claim" does not include a cause of action arising out of the driving, flying or nonmedical acts involved in the operation, use or maintenance of a vehicular or aircraft ambulance.

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