Legal Opinion · Concurrence
Demers v. Gerety
New Mexico Court of Appeals
Decided October 30, 1973No. 1098Published
1ConcurrenceSutin, Judge
(specially concurring).
This is a medical malpractice appeal by defendant from a judgment in favor of plaintiff. It involves claimed error for the reasons set out in the majority opinion. Inasmuch as consent is a matter of first impression in New Mexico, and expert testimony on disclosure needs clarification by this court and the Supreme Court, this concurring opinion is submitted.
FACTS MOST FAVORABLE TO PLAINTIFF
The following constitute the facts most favorable to plaintiff.
In 1963, plaintiff was operated in Boston for an ileostomy and colectomy. An ileostomy is an operation to create an…
2Cases cited28 opinions
- Schloendorff v. Society of the New York HospitalNew York Court of Appeals · 1914
- Jerry W. Canterbury v. William Thornton Spence and the Washington Hospital Center, a Body CorporateCourt of Appeals for the D.C. Circuit · 1972
- Cobbs v. GrantCalifornia Supreme Court · 1972
- Woods v. BrumlopNew Mexico Supreme Court · 1962
- Aiken Ex Rel. Aiken v. ClarySupreme Court of Missouri · 1965
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