(DOWNLOAD) "Kucel v. New Mexico Medical Review Commission" by In the Court of Appeals of the State of New Mexico * Book PDF Kindle ePub Free
eBook details
- Title: Kucel v. New Mexico Medical Review Commission
- Author : In the Court of Appeals of the State of New Mexico
- Release Date : January 24, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 80 KB
Description
{1} In this appeal we decide whether the Director of the New Mexico Medical Review Commission has discretion under the Medical Malpractice Act, NMSA 1978, 41-5-1 through -29 (1976, as amended through 1997), to redact some of an applicants, here Petitioner Kimberly Kucels, legal claims and factual allegations before submitting her application to a panel for review. We hold that the Act does not give the Director that discretion. We therefore conclude that the district court erred by ruling that the Director had implicit discretion to remove issues from Petitioners application. We also conclude that the Director should not have redacted any of Petitioners averments or legal contentions from her application. We vacate the district courts order and reverse and remand for entry of an order requiring the Director to submit Petitioners complete application to a panel.