Legal Opinion

Irvine v. St. Joseph Hospital, Inc.

New Mexico Court of Appeals

Decided October 23, 1984No. 7651, 7713PublishedCited by 15 opinions

1Opinion of the Court

OPINION

WOOD, Judge.

Although plaintiff’s theories for obtaining damages from defendants were variously worded, there is no contention that the theories were other than malpractice claims. See NMSA 1978, § 41-5-3(C) (Repl.Pamp.1982). The trial court granted summary judgment in favor of defendants on the basis that the statute of limitation had run. Plaintiff appeals. All statutory references are to NMSA 1978. Section 41-5-13 provides: “No claim for malpractice ... may be brought against a health care provider unless filed within three years after the date that the act of malpractice occurred *…

2Cases cited25 opinions

  1. Ammerman v. Hubbard Broadcasting, Inc.New Mexico Supreme Court · 1976
  2. Stang v. Hertz CorporationNew Mexico Supreme Court · 1970
  3. State v. HerreraNew Mexico Court of Appeals · 1978
  4. Roybal v. WhiteNew Mexico Supreme Court · 1963
  5. Doe Ex Rel. Doe v. HeimNew Mexico Court of Appeals · 1976

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3Cited by15 opinions

  1. George W. Watkins Family v. MessengerIdaho Supreme Court · 1990
  2. Cummings v. X-Ray Associates of New Mexico, P. C.New Mexico Supreme Court · 1996
  3. Sonja Lujan, as Personal Representative of the Estate of Kimberly Lujan, Deceased v. Regents of the University of CaliforniaCourt of Appeals for the Tenth Circuit · 1995
  4. Dutton v. McKinley County Board of CommissionersNew Mexico Court of Appeals · 1991
  5. Tomlinson v. GeorgeNew Mexico Supreme Court · 2005

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