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PEREZ v. BRUBAKER

No. 5977.

660 P.2d 619 (1983)

99 N.M. 529

Fredrico PEREZ, as Personal Representative of the Estate of Dolores G. Perez, a/k/a Dolores G. Rocha, Plaintiff-Appellant, v. Dr. R.E. BRUBAKER, Defendant-Appellee, and Dr. Arthur Llewelyn and Eastern Valencia County Hospital, Defendants.

Court of Appeals of New Mexico.

March 1, 1983.

Attorney(s) appearing for the Case

Melvin L. Robins, Melvin L. Robins, P.C., Albuquerque, for plaintiff-appellant.

Joseph E. Roehl, Mark B. Thompson, III, Modrall, Sperling, Roehl, Harris & Sisk, P.A., Albuquerque, for defendant-appellee.

OPINION

HENDLEY, Judge.

Plaintiff appeals the granting of a summary judgment in favor of defendant and an order dismissing plaintiff's complaint with prejudice. The only issue we need address relates to the New Mexico Medical Malpractice Act, § 41-5-1 et seq., N.M.S.A. 1978 (1982 Repl.Pamph.), and more particularly, §§ 41-5-14(D) and -15(A), which relate to when an action may be filed against a "qualifying health care provider." Those subsections...

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