HOUSE BILL 316

50th legislature - STATE OF NEW MEXICO - second session, 2012

INTRODUCED BY

Thomas C. Taylor

AN ACT

RELATING TO MEDICAL MALPRACTICE; SPECIFYING VENUE FOR MALPRACTICE CLAIMS FILED ON OR AFTER JULY 1, 2012.

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

     SECTION 1. VENUE.--

          A. A malpractice claim shall be brought in:

                (1) the county where the patient resided at the time of medical treatment;

                (2) the county where the patient received medical treatment; or

                (3) the county where the principal place of business of a health care provider, or any one of them if there is more than one, is located.

          B. As used in this section:

                (1) "health care provider" means a person providing health care, whether authorized or unauthorized by this state to do so;

                (2) "malpractice claim" includes 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 but is not limited to actions based on battery or wrongful death; "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; and

                (3) "patient" means a natural person who received or should have received health care from a health care provider, under a contract, express or implied.

     SECTION 2. APPLICABILITY.--The provisions of Section 1 of this act apply to malpractice claims filed in court on or after July 1, 2012.

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