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MAESTAS v. ZAGER

No. 24,220.

105 P.3d 317 (2004)

136 N.M. 764

2005-NMCA-013

Petra MAESTAS, as personal representative of the Estate of Betty Varela, and on behalf of Joe Varela, a minor, Plaintiff-Appellant, v. Philip G. ZAGER, M.D., Defendant-Appellee, and Dialysis Clinic, Inc., a foreign corporation, Deborah Bowen, Fresenius Medical Care, Inc., a foreign corporation, and John Doe # 1 and # 2, Defendants.

Court of Appeals of New Mexico.

Certiorari Granted January 10, 2005.

Attorney(s) appearing for the Case

Benito Sanchez, Benito Sanchez, P.A., Albuquerque, NM, for Appellant.

Mark L. Ish, Carol J. Ritchie, Felker, Ish, Ritchie & Geer, P.A., Santa Fe, NM, for Appellee.

Certiorari Granted, No. 28,997, January 10, 2005.

OPINION

SUTIN, Judge.

{1} We are presented with another circumstance in which we must determine when a statutory limitations period begins to run in a medical malpractice case. The district court applied NMSA 1978, § 41-4-15(A) (1977), contained in the Tort Claims Act, NMSA 1978, §§ 41-4-1 to -29 (1976, as amended through 2004). In the application of Section 41-4-15(A), Plaintiff sought...

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