Legal Opinion
Rupp v. Hurley
New Mexico Court of Appeals
Decided December 10, 2001No. 21,147PublishedCited by 5 opinions
1Opinion of the Court
OPINION
FRY, Judge.
{1} In this case, consistent with New Mexico Supreme Court precedent, we hold that under NMSA 1978, § 41-5-15 (1977) of the Medical Malpractice Act (MMA), a decision by the Medical Review Commission (MRC) is not a jurisdictional prerequisite to the filing of a complaint in court against a qualified health care provider for medical malpractice. Consequently, the initial complaint in this case was not a nullity even though it was filed early. We therefore reverse summary judgment in favor of Defendants and remand for reinstatement of Plaintiffs claims.
BACKGROUND
{2} On June 18,…
2Cases cited9 opinions
- Govich v. North American Systems, Inc.New Mexico Supreme Court · 1991
- State Ex Rel. Anaya v. McBrideNew Mexico Supreme Court · 1975
- Jiron v. MahlabNew Mexico Supreme Court · 1983
- Otero v. ZouharNew Mexico Supreme Court · 1985
- Board of Com'rs of Rio Arriba County v. GreacenNew Mexico Supreme Court · 2000
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3Cited by5 opinions
- Baker v. HedstromNew Mexico Supreme Court · 2013
- Rupp v. HurleyNew Mexico Court of Appeals · 2001
- Pacheco v. CohenNew Mexico Court of Appeals · 2009
- Baker v. HedstromNew Mexico Supreme Court · 2013
- Ramirez v. San Miguel Hospital CorporationDistrict Court, D. New Mexico · 2022