Legal Opinion

Peralta v. Martinez

New Mexico Court of Appeals

Decided April 12, 1977No. 2786PublishedCited by 37 opinions

1Opinion of the Court

OPINION

WOOD, Chief Judge.

This is a medical malpractice case. The appeal, which involves only plaintiff and Dr. Martinez, is concerned with the statute of limitation. The dispositive issue is when plaintiff’s cause of action against Dr. Martinez accrued.

On February 15, 1971 Dr. Martinez operated on plaintiff. Allegedly, Dr. Martinez left a cottonoid in plaintiff’s body at the time of this surgery. The cottonoid was discovered in surgery performed April 17, 1973. Plaintiff sued Dr. Martinez for malpractice; the complaint was filed January 8, 1976. Claiming the statute of limitation had run, Dr.…

Also in this document: Concurrence.

2Cases cited13 opinions

  1. Ayers v. MorganSupreme Court of Pennsylvania · 1959
  2. Alexander v. Delgado Ex Rel. DelgadoNew Mexico Supreme Court · 1973
  3. Wilkinson v. HarringtonSupreme Court of Rhode Island · 1968
  4. Layton v. AllenSupreme Court of Delaware · 1968
  5. Mantz v. FollingstadNew Mexico Court of Appeals · 1972

8 more not listed; retrieve them via the Exa API.

3Cited by37 opinions

  1. Howell Ex Rel. Howell v. BurkNew Mexico Court of Appeals · 1977
  2. Santa Fe Technologies, Inc. v. Argus Networks, Inc.New Mexico Court of Appeals · 2001
  3. Roberts v. Southwest Community Health ServicesNew Mexico Supreme Court · 1992
  4. Mastro v. BrodieSupreme Court of Colorado · 1984
  5. Maestas Ex Rel. Estate of Varela v. ZagerNew Mexico Supreme Court · 2007

32 more not listed; retrieve them via the Exa API.

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