PAYNE v. HALL

No. 28,823.

137 P.3d 599 (2006)

139 N.M. 659

2006-NMSC-029

Kimberly J. PAYNE, Plaintiff-Petitioner, v. Thomas HALL, M.D., and Curtis W. Boyd, M.D., a professional corporation, Defendants-Respondents.

Supreme Court of New Mexico.

June 8, 2006.


Attorney(s) appearing for the Case

Sanders, Bruin, Coll & Worley, P.A., Clay H. Paulos, Ian D. McKelvy Roswell, NM, for Petitioner.

Brennan & Sullivan, P.A., Michael W. Brennan, Santa Fe, NM, for Respondents.

Attwood, Malone, Turner & Sabin, P.A., Kay Cargill Jenkins, Carla Ann Neusch Williams, Roswell, NM, for Amicus Curiae, New Mexico Defense Lawyers Association.

McGinn, Carpenter, Campbell, Montoya & Love, Randi McGinn, Michael B. Browde, Albuquerque, NM, for Amicus Curiae, New Mexico Trial Lawyers Association.


OPINION

BOSSON, Chief Justice.

{1} In the course of an elective abortion, Plaintiff Kimberly Payne twice received medical treatment she alleged to be negligent, which ultimately caused her to suffer substantial physical injuries. She was first treated by Dr. Thomas Hall of the Boyd Clinic (hereinafter collectively referred to as "the Clinic"), and subsequently at the University of New Mexico Hospital (hereinafter referred to as the "Hospital...

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