Medical Review Panel: First Step in a Medical Malpractice Claim
There are a number of rules that apply specifically to medical malpractice claims. In New Mexico, it often necessary to take your claim to a medical review panel prior to filing suit.
The medical review panel is made up of both doctors and lawyers. The review panel will review evidence and hear testimony of both the parties and medical experts. Upon reviewing the evidence and the testimony, the panel will make a finding on the claims of medical negligence.
The findings of the medical review panel do not take the place of a trial. The panel cannot award damages. The panel’s findings are not binding on the parties. As such, the patient can still file a lawsuit even if the panel determines there was no medical negligence. Likewise, the doctor may refuse to settle based upon the panel’s findings.
Despite the lack of any binding authority of the medical review board’s findings, it is a necessary first step to bringing a medical malpractice claim against doctors and medical providers covered under Medical Malpractice Act. You cannot bring an action against a doctor or medical provider covered by the Act without first submitting your claims to the Medical Review Panel.
There are some medical providers that have opted out of the coverage of the Act, which is basically an insurance plan. In cases involving those providers, no medical review is necessary prior to filing suit. As such, it is important to determine whether the doctor or medical provider in your case is covered by the Medical Malpractice Act.
The medical review panel is made up of both doctors and lawyers. The review panel will review evidence and hear testimony of both the parties and medical experts. Upon reviewing the evidence and the testimony, the panel will make a finding on the claims of medical negligence.
The findings of the medical review panel do not take the place of a trial. The panel cannot award damages. The panel’s findings are not binding on the parties. As such, the patient can still file a lawsuit even if the panel determines there was no medical negligence. Likewise, the doctor may refuse to settle based upon the panel’s findings.
Despite the lack of any binding authority of the medical review board’s findings, it is a necessary first step to bringing a medical malpractice claim against doctors and medical providers covered under Medical Malpractice Act. You cannot bring an action against a doctor or medical provider covered by the Act without first submitting your claims to the Medical Review Panel.
There are some medical providers that have opted out of the coverage of the Act, which is basically an insurance plan. In cases involving those providers, no medical review is necessary prior to filing suit. As such, it is important to determine whether the doctor or medical provider in your case is covered by the Medical Malpractice Act.
CONTACT OUR LAW FIRM FOR A CASE REVIEW NOW!
Please feel free to contact our law firm by phone or by email for a free case review. We can be reached by phone at (505) 242-5958 or through our email contact form by clicking here!
Connect