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JARAMILLO v. HEATON

No. 21,613.

100 P.3d 204 (2004)

136 N.M. 498

2004-NMCA-123

Lisa JARAMILLO, as guardian and next friend of Anthony Jaramillo, a minor, Plaintiff-Appellant, v. Marie HEATON, as personal representative of the Estate of Fred Heaton, M.D., deceased, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied October 19, 2004.

Attorney(s) appearing for the Case

David M. Berlin, Frank Spring, Duhigg, Cronin, Spring, Berlin & Wagner, P.A. Helena Gorochow, Albuquerque, NM, for Appellant.

Alice Tomlinson Lorenz, Terri L. Sauer, Jennifer L. Stone, Miller Stratvert P.A., Albuquerque, NM, for Appellee.

William H. Carpenter, Carpenter & Stout Ltd., Michael B. Browde Albuquerque, NM, for Amicus Curiae New Mexico Trial Lawyers Association.

Thomas L. Murphy Rosenfelt Barlow & Borg PA, Albuquerque, NM, for Amicus Curiae New Mexico Defense Lawyers Association.

Lynn S. Sharp, Jason Bowles, Charles P. List, Sharp & Bowles P.A., Albuquerque, NM, for Amicus Curiae New Mexico Medical Society.

Certiorari Denied, No. 28,878, October 19, 2004.

OPINION

PICKARD, Judge.

{1} This case presents the issue of whether the statute of limitations on filing a claim under the Medical Malpractice Act (the Act), NMSA 1978, § 41-5-13 (1976), violates the due process rights of a minor who would be required to file a malpractice claim by age nine under its terms. Because of our cases that have held that the notice provision and the statute of...

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