A patient or his representative having a malpractice claim for bodily injury or death may file a complaint in any court of law having requisite jurisdiction and demand right of trial by jury. No dollar amount or figure shall be included in the demand in any complaint asserting a malpractice claim and filed after the effective date of this section, but the request shall be for such damages as are reasonable. This section shall not prevent a patient or his representative from alleging a requisite jurisdictional amount in a malpractice claim filed in a court requiring such an allegation.
§ 41-5-4 NMSA 1978
Ad damnum clause
Known as the Medical Malpractice Act
The act spans §§ 41–41 (33 sections).
Applied in 1 court decision — leading case Amanda Elliott v. R. Michael Cobb (2010)
Most recently applied in Amanda Elliott v. R. Michael Cobb (September 2010)
1953 Comp., § 58-33-4, enacted by Laws 1976, ch. 2, § 4; 1977, ch. 284, § 2.
Official source: NMOneSource (New Mexico Compilation Commission). Reproduced from public-domain New Mexico statutes; confirm against the official source for the current text. Not legal advice.