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WILSCHINSKY v. MEDINA

No. 17658.

775 P.2d 713 (1989)

108 N.M. 511

Tui WILSCHINSKY, Irene Rokstad Wilschinsky, in their own behalf and as Parents and next friends of Zoe Wilschinsky, Taflyn Wilschinsky, and Tara Rokstad, Plaintiffs, v. Helen MEDINA and Michael Straight, M.D., Defendants.

Supreme Court of New Mexico.

June 29, 1989.

Attorney(s) appearing for the Case

Stephen Durkovich, Albuquerque, for plaintiffs.

Rodey, Dickason, Sloan, Akin & Robb, P.A. and W. Mark Mowery, Santa Fe, for defendant, Medina.

Campbell & Black, P.A., John H. Bemis and Bradford C. Berge, Santa Fe, for defendant, Straight.

Hatch, Beitler, Allen & Shepherd, P.A. and Phyllis A. Dow, Albuquerque, amicus curiae, New Mexico Medical Soc.

OPINION

BACA, Justice.

This certification from the United States District Court raises a fundamental question whether a third party, who is injured by a person under the influence of medications administered to her as an outpatient in a doctor's office, can recover directly from the doctor when and if the doctor failed to follow proper medical procedures, and when and if it can be proven the third party suffered injuries which proximately resulted from that...

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