Leger v. Gerety

VANZI, Chief Judge.

{1} This interlocutory appeal presents a question of first impression concerning assignment of claims for compensation covered by the Medical Malpractice Act (the MMA or the Act), NMSA 1978, §§ 41-5-1 to -29 (1976, as amended through 2015). In the litigation below, plaintiffs sued a hospital on claims subject to the MMA based, in part, on allegations of malpractice by a physician not employed by the hospital for which plaintiffs claimed the hospital was vicariously liable. After the hospital filed a third-party complaint for equitable indemnification against the physician…