Risk Management

Choice of law agreement between TX physicians and NM patients

Some of OMIC’s insureds practice near the border of New Mexico and see patients from that state. The Texas Tort Claims Act (TTCA) generally provides broader protections than the New Mexico Tort Claims Act (NMTCA) to physicians sued for medical professional liability. Many Texas health care providers were considering refusing to see New Mexico residents if they would not be protected by the TTCA in a lawsuit arising from their care of New Mexico patients. In order to protect its citizens’ access to care, the New Mexico legislature passed a law to enforce choice of law and forum selection provisions in agreements between New Mexico patients and out-of-state health care providers.

If you want claims and civil actions brought against you by New Mexico patients to be brought in Texas and governed by Texas law, you must have a written agreement with the patient that contains Texas choice of law and choice of forum provisions.

We have prepared two documents for you to use. Please click on the name of the document to download it:

•  SAMPLE GOVERNING LAW AND FORUM AGREEMENT.
• Here is a sample letter explaining the agreement to patients: Texas New Mexico PATIENT LETTER.

If you are considering the use of such an agreement, you should seek your attorney’s advice on the exact form of the agreement, its language, and who should sign it, as well as the language in the cover letter.