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PACHECO v. COHEN

No. 28,469.

213 P.3d 793 (2009)

2009-NMCA-070

Angela R. PACHECO, Plaintiff-Appellee, v. Adam J. COHEN, M.D., Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied, No. 31,697, June 17, 2009.

Attorney(s) appearing for the Case

Jerry Todd Wertheim, Jones, Snead, Wertheim & Wentworth, P.A., Santa Fe, NM, for Appellee.

Tamara R. Safarik, Joe L. McClaugherty, McClaugherty & Silver, P.C., Santa Fe, NM, for Appellant.

OPINION

VANZI, Judge.

{1} In this medical malpractice action, we determine that Plaintiff's complaint was not barred by the limitation period set out by the Medical Malpractice Act (Act), NMSA 1978, Sections 41-5-1 to -29 (1976 as amended through 2008) (statute of repose) and that the three-year limitation period found in NMSA 1978, Section 37-1-8 (1976) (general statute of limitations) stopped running at the time Plaintiff filed her original...

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