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CHAVEZ v. DELGADO

No. 32,719.

316 P.3d 907 (2013)

2014-NMCA-014

Jose R. CHAVEZ, Jr., son, individually and as representative of Jose R. Chavez, deceased, Socorro Chavez, widow, Wilfred Chavez, Michael Chavez, and Clarence Chavez, remaining adult sons of the deceased, Plaintiffs-Appellees, v. James DELGADO, M.D. d/b/a Pojoaque Primary Care, individually, Defendant-Appellant.

Court of Appeals of New Mexico.

October 17, 2013.

Attorney(s) appearing for the Case

Crowley & Gribble, P.C., Clayton E. Crowley , Albuquerque, NM, for Appellees.

Yenson, Allen & Wosick, P.C., Terrance P. Yenson , April D. White , Albuquerque, NM, for Appellant.

OPINION

VANZI, Judge.

{1} As a matter of first impression, we must decide when the three-year time limitation contained in the Medical Malpractice Act (MMA), NMSA 1978, §§ 41-5-1 to -29 (1976, as amended through 2008), begins to run in a case where a health care provider is alleged to have negligently prescribed medication to a patient. See § 41-5-13. Defendant Dr. Delgado sought interlocutory review from this Court following...

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