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eBook details

• Title: Garcia v. Farge
• Author : New Mexico Supreme Court
• Release Date : January 02, 1995
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

Opinion RANSOM, Justice. On February 24, 1992, Anthony Theodore Garcia and Debbie Lucille Garcia made application to the Medical Review Commission, and on November 17 they sued C. Grant La Farge, M.D., for medical malpractice, negligence, and misrepresentation in the making of a diagnosis of the condition of their minor son, Anthony David Garcia. Dr. La Farge moved for summary judgment under the three-year statute of limitations in the Medical Malpractice Act, NMSA 1978, § 41-5-13 (Repl. Pamp. 1989). Dr. La Farge had neither examined nor evaluated Anthony after February 8, 1989, nor had he made any representations concerning Anthony's condition after that date. Anthony's cause of action arose out of a cardiac arrest on November 16, 1991. The Garcias challenged Section 41-5-13 as a violation of due process and equal protection, and as prohibited special legislation. In the alternative, the Garcias urged that the statute of limitations should be tolled because Dr. La Farge had misrepresented his qualifications and had fraudulently concealed Anthony's condition. The district court rejected the Garcias' constitutional claims, found no genuine issue of material fact on the Garcias' claim that the statute of limitations should be tolled, and granted summary judgment in favor of Dr. La Farge.

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