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TOPPINO v. HERHAHN

No. 14953.

673 P.2d 1297 (1983)

100 N.M. 564

Janice TOPPINO, Petitioner, v. Frank T. HERHAHN, M.D., Respondent.

Supreme Court of New Mexico.

October 6, 1983.

Attorney(s) appearing for the Case

Toulouse, Toulouse & Garcia, James R. Toulouse, Albuquerque, for petitioner.

Rodey, Dickason, Sloan, Akin & Robb, Bruce Hall, Debra Romero Thal, Ellen G. Thorne, Albuquerque, for respondent.

OPINION

SOSA, Senior Justice.

This suit was brought to recover damages for alleged malpractice, breach of express or implied warranties, and lack of informed consent. The plaintiff, Mrs. Toppino, claimed the defendant, Dr. Herhahn, caused these damages during five plastic surgeries to reconstruct her right breast. During the trial, the plaintiff abandoned the theory of lack of informed consent. The trial court directed a verdict in favor of the defendant...

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