268 P.3d 1284
N.M. Ct. App.2011Background
- Meza underwent kidney surgery in December 2005; a frozen section by Topalovski allegedly led to removal of the entire left kidney.
- The pathology later showed the removed tissue was benign, discovered weeks after surgery in early 2006.
- Meza filed an MRC application on December 11, 2008 naming Dr. Lopez; Topalovski was not named at that time.
- On March 23, 2009 Meza amended the MRC application to include Topalovski as a defendant.
- The MRC issued its final decision on July 28, 2009; Meza filed suit against Topalovski shortly thereafter.
- Defendant moved for summary judgment arguing the claim was barred by the MMA three-year statute of repose; district court agreed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the original MRC filing tolls the statute for a later-named provider | Meza argues tolling applies to a previously unnamed provider via the MRC rules. | Topalovski argues tolling only applies if the underlying three-year limit is not yet expired for that provider. | Original filing cannot toll for a different provider; amended claim barred. |
| Whether the discovery rule applies to tolling in this case | Discovery-based accrual should push the filing date forward for Topalovski. | Cummings rejects discovery-based tolling for the MMA statute of repose occurrence-based limit. | Discovery rule does not apply; statute of repose is occurrence-based and time-barred. |
Key Cases Cited
- Roberts v. Southwestern Community Health Services, 114 N.M. 248, 837 P.2d 442 (1992) (MMA context and medical malpractice reform)
- Cummings v. X-Ray Associates of N.M., P.C., 121 N.M. 821, 918 P.2d 1321 (1996) (occurrence-based statute of repose interpretation)
- Keithley v. St. Joseph’s Hospital, 102 N.M. 565, 698 P.2d 435 (Ct. App. 1984) (fraud tolling when patient could not discover facts)