Pacheco v. Cohen

OPINION

VANZI, Judge.

{1} In this medical malpractice action, we determine that Plaintiffs complaint was not barred by the limitation period set out by the Medical Malpractice Act (Act), NMSA 1978, Sections 41-5-1 to -29 (1976 as amended through 2008) (statute of repose) and that the three-year limitation period found in NMSA 1978, Section 37-1-8 (1976) (general statute of limitations) stopped running at the time Plaintiff filed her original complaint in April 2006. Accordingly, we affirm the district court.

I. BACKGROUND

{2} Defendant performed eye surgery on Plaintiff on April 28, 2003. On…