futile. Section 37-1-8, will not bar Plaintiffs claims against Corporation if the factors in Rule 1-015(C)(1) and (2) are satisfied. CONCLUSION {28} We reverse the district court’s dismissal with prejudice of Plaintiffs action and remand for further proceedings consistent with this opinion. {29} IT IS SO ORDERED. WE CONCUR: MICHAEL D. BUSTAMANTE, Chief Judge, and A. JOSEPH ALARID, Judge. 1 . It is not clear in the New Mexico law cited to us by the parties that a medical provider who commits negligence in the performance of professional duties, resulting in personal injury to a patient, cannot be sued individually for damages without joining the provider’s professional corporation. See Sanders, Bruin, Coll & Worley, P.A. v. McKay Oil Corp., 1997-NMSC-030, ¶ 9, 123 N.M. 457, 943 P.2d 104
recognizing as a matter of federal law that an action to redress injuries to a corporation cannot be maintained by a shareholder in his own name but must be brought in the name of the corporation holding professional malpractice claim not contractual holding that as a general matter membership or shareholder status in a professional corporation does not shield an attorney from individual liability for his own mistakes or professional misdeeds holding that a professional owes no duty to third persons unless the professional had actual knowledge that those persons would rely on his rendering of professional services holding professional rules do not provide basis for civil liability