Wilschinsky Ex Rel. Wilschinsky v. Medina
New Mexico Supreme Court
1Opinion of the Court
OPINION
BACA, Justice.
This certification from the United States District Court raises a fundamental question whether a third party, who is injured by a person under the influence of medications administered to her as an outpatient in a doctor’s office, can recover directly from the doctor when and if the doctor failed to follow proper medical procedures, and when and if it can be proven the third party suffered injuries which proximately resulted from that doctor’s act of malpractice. The district court certified the following three questions to this court:
1. Does the legal duty of a physician…
Also in this document: Concurrence.
2Cases cited21 opinions
- Tarasoff v. Regents of University of CaliforniaCalifornia Supreme Court · 1976
- Kirk v. Michael Reese Hospital & Medical CenterIllinois Supreme Court · 1987
- Durflinger v. ArtilesSupreme Court of Kansas · 1983
- Schear v. Board of County CommissionersNew Mexico Supreme Court · 1984
- Town of Scituate v. O'ROURKESupreme Court of Rhode Island · 1968
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3Cited by60 opinions
- Western Steamship Lines, Inc. v. San Pedro Peninsula HospitalCalifornia Supreme Court · 1994
- Cummings v. X-Ray Associates of New Mexico, P. C.New Mexico Supreme Court · 1996
- Hutchinson v. PatelSupreme Court of Louisiana · 1994
- Davis v. South Nassau Communities HospitalNew York Court of Appeals · 2015
- Baker v. HedstromNew Mexico Supreme Court · 2013
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