Chavez v. Delgado

OPINION

VANZI, Judge.

{1} As a matter of first impression, we must decide when the three-year time limitation contained in the Medical Malpractice Act (MMA),NMSA 1978, §§ 41-5-1 to -29 (1976, as amended through 2008), begins to run in a case where a health care provider is alleged to have negligently prescribed medication to a patient. See §41-5-13. Defendant Dr. Delgado sought interlocutory review from this Court following the district court’s denial of his motion for summary judgment. The district court determined that the statute of limitations did not begin to run until a patient has been…