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SAIZ v. BARHAM

No. 7347.

673 P.2d 1329 (1983)

100 N.M. 596

Lorenzo SAIZ, Plaintiff-Appellee, v. Dr. Gary D. BARHAM, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied December 19, 1983.

Attorney(s) appearing for the Case

M. Rick Beitler, Jr., Ellen G. Thorne, Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, for defendant-appellant.

Ricardo E. Ortega, Las Cruces, for plaintiff-appellee.

OPINION

WOOD, Judge.

This interlocutory appeal involves the expiration of the limitation period and expiration of the tolling of the limitation period for filing a medical malpractice suit.

Defendant is a health care provider, NMSA 1978, Section 41-5-3(A) (Repl.Pamp. 1982), qualified under the Medical Malpractice Act, NMSA 1978, Section 41-5-6 (Repl.Pamp. 1982). A condition precedent to suing defendant for malpractice was the filing of an application...

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