Legal Opinion

Provencio v. WENRICH

New Mexico Supreme Court

Decided August 17, 2011No. 32,344PublishedCited by 18 opinions

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

  1. Herrera Ex Rel. Estate of Ruiz v. Quality PontiacNew Mexico Supreme Court · 2003
  2. Cowe Ex Rel. Cowe v. Forum Group, Inc.Indiana Supreme Court · 1991
  3. Bober v. New Mexico State FairNew Mexico Supreme Court · 1991
  4. Siemieniec v. Lutheran General HospitalIllinois Supreme Court · 1987
  5. Procanik by Procanik v. CilloSupreme Court of New Jersey · 1984

12 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Coffey v. United StatesDistrict Court, D. New Mexico · 2012
  2. Coffey v. United StatesDistrict Court, D. New Mexico · 2012
  3. United Tort v. Quorum Health Resources, LLC (In re Otero County Hospital Ass'n)United States Bankruptcy Court, D. New Mexico · 2015
  4. Salopek v. FriedmanNew Mexico Court of Appeals · 2013
  5. Nez v. United StatesDistrict Court, D. New Mexico · 2019

13 more not listed; retrieve them via the Exa API.

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