In many states, if you’re considering a medical malpractice claim, you may need to obtain a “certificate of merit” before you can move forward with a lawsuit against the relevant healthcare provider.
A certificate of merit is a written statement, typically prepared by a qualified medical expert, confirming that a preliminary review of your case shows a legitimate basis for a malpractice claim. Reach out to a medical malpractice attorney in Las Cruces to learn more.
The certificate typically confirms that the reviewing expert:
- Practices in the same or a substantially similar specialty as the defendant
- Has reviewed the relevant medical records related to your case
- Believes, based on that review, that the provider’s care fell below the accepted standard of care
- Believes that deviation caused or contributed to your injury
In states that require one, this document generally must be filed alongside your initial complaint before the case can proceed further.
How New Mexico’s Screening Process Works
New Mexico does not require a certificate of merit or affidavit of merit before filing a medical malpractice lawsuit. Instead, the state uses a different pre-suit screening mechanism: mandatory review by the New Mexico Medical Review Commission.
Rather than requiring a written expert statement filed alongside your complaint, New Mexico requires most malpractice claims to first go through the Medical Review Commission.
During this process, a panel made up of healthcare providers and attorneys reviews the evidence and testimony presented at a hearing, then issues an opinion on two questions:
- Whether substantial evidence supports a finding that malpractice occurred
- Whether a reasonable medical probability exists that the malpractice caused the patient’s injury
Like a certificate of merit, this process weeds out claims that lack a legitimate basis before they proceed further.
Obtaining Expert Testimony
Because New Mexico doesn’t require a certificate of merit, you won’t need a separate written statement from an expert simply to file your claim. Nevertheless, expert testimony still plays a central role during the Medical Review Commission’s hearing itself, where an expert can help explain the applicable standard of care and whether the evidence shows the provider fell short of it. This testimony often shapes how the panel evaluates the strength of your case, since panel members rely on that explanation to assess whether substantial evidence supports your claim.
Notably, if the panel finds that malpractice probably occurred, it can also assist you in identifying a qualified expert going forward, someone who can continue supporting your case if it proceeds to litigation after the commission’s review concludes.
How an Attorney Can Help With Pre-Suit Filing Requirements
New Mexico’s pre-suit process adds complexity to a malpractice case before a lawsuit is ever filed. Missing a step can delay or jeopardize your claim.
An attorney can:
- Determine whether your provider qualifies as an independent provider under the Medical Malpractice Act
- Identify whether your claim can bypass the Medical Review Commission
- Prepare and submit the application for review, including the required details of your care and medical record authorizations.
- Gather medical records and identify qualified experts to present testimony at the commission hearing.
- Present your case at the hearing and respond to arguments raised by the provider’s defense.
- Track applicable deadlines
- Advise you whether to waive the panel process by agreement
If you’re considering filing a malpractice claim, contact an experienced medical malpractice attorney at Coates & Johnson for help navigating the pre-suit requirements and the various stages of your case.