[DOWNLOAD] "Max Otero V. Zouhar" by New Mexico Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Max Otero V. Zouhar
- Author : New Mexico Court of Appeals
- Release Date : January 10, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Zouhar is a physician, Layne is a nurse and the Corporation (Albuquerque Anesthesia Services, Ltd.) is asserted to be their employer. Plaintiff sued these defendants for medical malpractice allegedly occurring in the preparation and administration of an anesthetic. The date of the asserted malpractice was December 8, 1978. Plaintiff's complaint was filed in the district court on December 4, 1981. The complaint was filed before any application was made to the medical review commission to review the malpractice claims. The three defendants sought dismissal of the complaint on the basis that the lawsuit was filed in violation of the Medical Malpractice Act. NMSA 1978, §§ 41-5-1 to 41-5-28 (Repl. Pamp.1982). The specific claim was that the filing of the lawsuit violated Section 41-5-15(A). The trial court granted the motions of Layne and the Corporation; plaintiff appeals. The trial court denied Zouhar's motion; we granted Zouhar's application for an interlocutory appeal. We consolidated the appeals. The issues group into three categories: (1) applicability of Section 41-5-15(A); (2) constitutional claims not specifically involving Section 41-5-15(A); and (3) constitutional claims involving Section 41-5-15(A).