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TOMLINSON v. GEORGE

No. 22,017.

61 P.3d 195 (2002)

133 N.M. 69

2003-NMCA-004

Patricia TOMLINSON, Plaintiff-Appellant, v. JACOB George, M.D., Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Granted January 8, 2003.

Attorney(s) appearing for the Case

Roger Eaton, Brady C. Pofahl, Eaton, Martinez, Hart & Valdez, P.C., Albuquerque, NM, for Appellant.

Lynn S. Sharp, Jason Bowles, Sharp & Jarmie, P.A., Albuquerque, NM, for Appellee.

Alice Tomlinson Lorenz, Miller, Stratvert & Torgerson, P.A., Albuquerque, NM, for Amicus Curiae, The N.M. Medical Society.

Michael B. Browde, Albuquerque, NM, for Amicus Curiae, The N.M. Trial Lawyers Association.

William H. Carpenter, Carpenter & Chavez, Albuquerque, NM, for Amicus Curiae, The N.M. Trial Lawyers Association, Amicus Committee.

Certiorari Granted, No. 27,817, January 8, 2003.

OPINION

SUTIN, Judge.

{1} We review whether a medical malpractice claim is barred by the Medical Malpractice Act statute of repose when fraudulent concealment is asserted. The patient was told of her physician's negligence early within the statutory period, but she did not file her malpractice claim until after the statutory period ended. The patient asserted that the statutory period was tolled as...

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