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JUAREZ v. NELSON

No. 21,618.

61 P.3d 877 (2002)

133 N.M. 168

2003-NMCA-011

Luis B. JUAREZ, as Personal Representative under the Wrongful Death Act of Rodolfo Ledezma, Dolores G. Ledezma, surviving widow, Individually, Luis B. Juarez, as next friend for Rudy Ledezma, II, a minor child, Plaintiffs-Appellants, v. Kirk L. NELSON, D.O., and Presbyterian Healthcare Services, a Corporation, Defendants-Appellees.

Court of Appeals of New Mexico.

December 3, 2002.

Attorney(s) appearing for the Case

Kevin J. Hanratty, Hanratty Law Firm, Artesia, NM, for Appellants.

Remo E. Gay, Butkus, Gay & Jahner, P.C., Albuquerque, NM, for Appellee, Kirk L. Nelson, D.O.

W. Mark Mowery, Edward Ricco, Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, NM, for Appellee, Presbyterian Healthcare Services.

OPINION

ALARID, Judge.

{1} This matter comes before the Court upon the unopposed motion for rehearing of Appellee Presbyterian Health Services. We grant the motion for rehearing and substitute the following opinion in place of our opinion filed 10-21-02.

{2} In this appeal we address the issue of whether the "continuous treatment doctrine" is compatible with the statute of repose of the Medical Malpractice Act. We hold that it is not. We also...

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