Sugarman v. City of Las Cruces

OPINION

WALTERS, Judge.

Plaintiff appeals a summary judgment granted to defendant hospital following her suit against the city, the county, and the hospital under the Tort Claims Act (§§ 41-4-1 through 41-4-25, N.M.S.A. 1978). Earlier summary judgment entered in favor of the city and county are not challenged on this appeal.

These are the underlying facts:

An emergency room doctor at General Hospital misread an electrocardiogram made of plaintiff’s decedent who was brought to the hospital on April 3, 1977. Decedent was advised that the EKG was normal and was discharged with a diagnosis of…