NMSA 1978 ch. 41, art. 1 — Settlements, Releases and Statements | New Mexico Statutes Annotated 1978 (through the 2026 session) — New Mexico

NMSA 1978, § 41-1-1 Settlements, releases and statements of injured patients; acknowledgement required; notice

41-1-1. Settlements, releases and statements of injured patients; acknowledgement required; notice A. No person whose interest is or may become adverse to a person injured who is either under the care of a person licensed to practice the healing arts, or confined to a hospital or sanitarium as a patient shall, within fifteen days from the date of the occurence [occurrence] causing the person's injury: (1) negotiate or attempt to negotiate a settlement with the injured patient; or (2) obtain or attempt to obtain a general release of liability from the injured patient; or (3) obtain or attempt to obtain any statement, either written or oral[,] from the injured patient for use in negotiating a settlement or obtaining a release. B. Any settlement agreement entered into, any general release of liability or any written statement made by any person who is under the care of a person licensed to practice the healing arts or is confined in a hospital or sanitarium after he incurs a personal injury, which is not obtained in accordance with the provisions of Section 2 [41-1-2 NMSA 1978] of this act, requiring notice and acknowledgement, may be disavowed by the injured person within fifteen days after his discharge from the care of the persons licensed to practice the healing arts or his release from the hospital or sanitarium, whichever occurs first, and such statement, release or settlement shall not be evidential in any court action relating to the injury. C. Any settlement agreement, any release of liability or any written statement shall be void unless it is acknowledged by the injured party before a notary public who has no interest adverse to the injured person. 1953 Comp., § 21-11-1, enacted by Laws 1971, ch. 70, § 1.

NMSA 1978, § 41-1-2 Settlements, releases and statements; applicability

41-1-2. Settlements, releases and statements; applicability The provisions of this act [41-1-1, 41-1-2 NMSA 1978] relating to settlements, releases and statements obtained, by a person whose interest is or may become adverse, from a patient confined in a hospital or sanitarium or being treated by a person licensed to practice the healing arts, shall not apply, if at least five days prior to obtaining the settlement, release or statement, the injured party has signified in writing, by a statement acknowledged before a notary public, who has no interest adverse to the injured party, his willingness that a settlement, release or statement be given. 1953 Comp., § 21-11-2, enacted by Laws 1971, ch. 70, § 2.