Legal Opinion
Cahn v. Berryman
New Mexico Court of Appeals
Decided July 17, 2015No. 35,302; Docket No. 33,087PublishedCited by 3 opinions
1Opinion of the Court
OPINION
VIGIL, Chief Judge.
{1} This is a medical malpractice action against a qualified healthcare provider under the Medical Malpractice Act, NMSA 1978, §§ 41-5-1 to -29 (1976, as amended through 2008). When Plaintiff learned she had a malpractice claim against Defendant, ten and one-half months remained under the Act’s three-year statute of repose to sue Defendant. Section 41-5-13. The question posed is whether this was a constitutionally reasonable period of time for Plaintiff to file her lawsuit against Defendant. Because we conclude that, consistent with due process, Plaintiff had a…
2Cases cited10 opinions
- Garcia on Behalf of Garcia v. La FargeNew Mexico Supreme Court · 1995
- Cummings v. X-Ray Associates of New Mexico, P. C.New Mexico Supreme Court · 1996
- Terry v. New Mexico State Highway CommissionNew Mexico Supreme Court · 1982
- Coleman v. United Engineers & Constructors, Inc.New Mexico Supreme Court · 1994
- Tomlinson v. GeorgeNew Mexico Supreme Court · 2005
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3Cited by3 opinions
- Cahn v. BerrymanNew Mexico Supreme Court · 2017
- Cahn v. BerrymanNew Mexico Court of Appeals · 2015
- Cahn v. WordDistrict Court, D. New Mexico · 2019