Provencio v. WENRICH
New Mexico Supreme Court
1Opinion of the Court
OPINION
BOSSON, Justice.
{1} Since we issued Lovelace Medical Center v. Mendez, 111 N.M. 336, 805 P.2d 603 (1991), more than 20 years ago, this Court has not had an opportunity to clarify whether a doctor who negligently performs a tubal ligation procedure, but who then informs the patient of her continued fertility, may be sued for the future costs of raising a subsequently conceived child to the age of majority. We hold that those particular damages are only available when a doctor has breached a duty to inform. Our Court of Appeals held otherwise, concluding that notice of continued…
2Cases cited17 opinions
- Herrera Ex Rel. Estate of Ruiz v. Quality PontiacNew Mexico Supreme Court · 2003
- Cowe Ex Rel. Cowe v. Forum Group, Inc.Indiana Supreme Court · 1991
- Bober v. New Mexico State FairNew Mexico Supreme Court · 1991
- Siemieniec v. Lutheran General HospitalIllinois Supreme Court · 1987
- Procanik by Procanik v. CilloSupreme Court of New Jersey · 1984
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3Cited by18 opinions
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- Salopek v. FriedmanNew Mexico Court of Appeals · 2013
- Nez v. United StatesDistrict Court, D. New Mexico · 2019
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