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EIS v. CHESNUT

No. 4840.

627 P.2d 1244 (1981)

Margaret C. EIS, Plaintiff-Appellant, v. William CHESNUT, M.D., Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied May 6, 1981.

Attorney(s) appearing for the Case

Gallagher, Casados & Martin, J.E. Casados and Robert A. Martin, Albuquerque, for plaintiff-appellant.

Rodey, Dickason, Sloan, Akin & Robb, P.A., W. Robert Lasater, Jr., Albuquerque, for defendant-appellee.

OPINION

LOPEZ, Judge.

Plaintiff, Mrs. Eis, appeals the summary judgment granted to the defendant, Dr. Chesnut, in this personal injury suit. Plaintiff's theories of recovery were medical malpractice and battery. At oral argument, plaintiff's counsel narrowed the malpractice claim to negligence in failing to diagnose the cause of Mrs. Eis's knee pain following the second operation the doctor performed on her leg. Her claim of battery rests on the failure...

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