CUMMINGS v. X-RAY ASSOCIATES OF N.M.

No. 22246.

918 P.2d 1321 (1996)

121 N.M. 821

Andrea CUMMINGS, Plaintiff-Appellant, v. X-RAY ASSOCIATES OF NEW MEXICO, P.C., Defendant-Appellee.

Supreme Court of New Mexico.

Rehearing Denied June 20, 1996.


Attorney(s) appearing for the Case

Durkovich & Martinez, Kevin Martinez, Albuquerque, NM, for Appellant.

Miller, Stratvert, Torgerson & Schlenker, P.A., Gregory Chase, Alice Tomlinson Lorenz, Ruth O. Pregenzer, Albuquerque, NM, for Appellee.


OPINION

FRANCHINI, Justice.

1. This case concerns the proper interpretation of Section 41-5-13 from the Medical Malpractice Act, NMSA 1978, §§ 41-5-1 to -29 (Repl.Pamp.1989 & Cum.Supp.1995), which requires a claim for medical malpractice be "filed within three years after the date that the act of malpractice occurred." Andrea Cummings filed a malpractice claim against X-Ray Associates for failing to properly diagnose a cancerous mass...

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