Loesch ex rel. Loesch v. Henderson

OPINION

WOOD, Judge.

This suit involves alleged medical malpractice on the part of a radiologist on February 20, 1976. Cf. Ealy v. Sheppeck, 100 N.M. 250, 669 P.2d 259 (Ct.App.1983). The complaint was filed July 25, 1984. Defendant’s motion for summary judgment was denied; this court granted an interlocutory appeal. The dispositive issue is whether the limitation period had run. We (1) dispose of preliminary matters; and (2) discuss whether the tolling provisions of the Medical Malpractice Act, NMSA 1978, Sections 41-5-1 to -28 (Repl.Pamp.1982), may be utilized to toll the limitation period of…