N.M. Stat. § 41-5-22 (2026)

The running of the applicable limitation period in a malpractice claim shall be tolled
upon submission of the case for the consideration of the panel and shall not commence
to run again 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.
History: 1953 Comp., § 58-33-22, enacted by Laws 1976, ch. 2, § 22.

                                      ANNOTATIONS

Emergency clauses. — Laws 1976, ch. 2, § 32 contained an emergency clause and
was approved February 27, 1976.

Amended application adding a new party does not relate back to the original filing
date. — The filing of an application with the medical review commission as to one
provider does not toll the limitations period as to another provider who was not named in
the original application and for whom the statutory period in which to file a cause of
action has passed. Meza v. Topalovski, 2012-NMCA-002, 268 P.3d 1284.

Where plaintiff wrongly named a health care provider in an application before the
medical review commission; plaintiff amended the application to name the correct health
care provider; and the amended application to add the correct health care provider was
filed more than three years after the date of the alleged malpractice by the correct
health care provider, the original application did not toll the statute of limitations for the
untimely application filed against the originally unnamed health care provider. Meza v.
Topalovski, 2012-NMCA-002, 268 P.3d 1284.

Application was sufficient to toll statute of limitations. — Where plaintiff filed an
application to the New Mexico medical review commission (MRC) alleging that as a
result of medical negligence plaintiff’s pregnancy was aborted, the district court erred in
dismissing the complaint against defendant on the basis that plaintiff’s application was
not specific enough in making allegations against defendant to trigger the Medical
Malpractice Act’s, NMSA 1978, §§ 41-5-1 to -29, tolling provision on plaintiff’s claims
against defendant. Plaintiff’s application to the MRC clearly named defendant, and the
application recited a brief statement of the facts describing the dates and the
circumstances, as far as they were known, of the acts and omissions of named
employees and physicians working in defendant’s hospitals. Romero v. Lovelace
Health Sys., Inc., 2020-NMSC-001, rev’g A-1-CA-35177, mem. Op. (N.M. Ct. App. Oct.
26, 2017) (non-precedential).

Mailing decision to claimant's attorney suffices. — Mailing of the final decision of
the medical review commission to a claimant in care of claimant's attorney is sufficient
service for the purpose of determining recommencement of the limitation period relating
to medical malpractice actions. Saiz v. Barham, 1983-NMCA-132, 100 N.M. 596, 673
P.2d 1329, cert. denied, 100 N.M. 689, 675 P.2d 421.

Claim submitted as of date of mailing. — A claim is considered to have been
submitted to the medical review commission as of the date that the application for the
claim is mailed to the commission. Otero v. Zouhar, 1985-NMSC-021, 102 N.M. 482,
697 P.2d 482, overruled on other grounds by Grantland v. Lea Reg’l Hosp., 1990-
NMSC-076, 110 N.M. 378, 796 P.2d 599.
Negligence prior to effective date of act. — This section does not apply to toll the
running of the general limitation period for a personal injury claim [37-1-8 NMSA 1978],
where the act of malpractice has occurred prior to the effective date of the Medical
Malpractice Act, February 27, 1976 [Chapter 41, Article 5 NMSA 1978]. Loesch v.
Henderson, 1985-NMCA-104, 103 N.M. 554, 710 P.2d 748.

Law reviews. — For article, "Medical Malpractice Legislation in New Mexico," see 7
N.M.L. Rev. 5 (1976-77).

For comment on access to the courts and the Medical Malpractice Act: Jiron v. Mahlab,
see 14 N.M.L. Rev. 503 (1984).

For survey of medical malpractice law in New Mexico, see 18 N.M.L. Rev. 469 (1988).

Am. Jur. 2d, A.L.R. and C.J.S. references. — When statute of limitations begins to run
in dental malpractice suits, 3 A.L.R.4th 318.