Kucel v. New Mexico Medical Review Commission

OPINION

SUTIN, J.

{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 applicant’s, here Petitioner Kimberly Kucel’s, 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 Petitioner’s…