A health care provider named as a defendant in a malpractice claim, or named as a respondent in a proceeding before the medical review commission created in the Medical Malpractice Act, shall have the option of paying for the patient’s medical care and related benefits at any time prior to the entry of a judgment. Except as provided in Section 11 [41-5-11 N.M. Stat. Ann.] of the Medical Malpractice Act, evidence of a health care provider’s payment for such benefits shall not be admissible in the trial of the malpractice claim brought against it.

Terms Used In New Mexico Statutes 41-5-8

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.