Provencio v. Wenrich

Docket Number32,344
Decision Date17 August 2011

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19 cases
  • Coffey v. United States
    • United States
    • U.S. District Court — District of New Mexico
    • May 2, 2012
    ...that a doctor generally owes the “patient a duty to properly diagnose his relevant medical conditions.” Provencio v. Wenrich, 150 N.M. 457, 261 P.3d 1089, 1095 (2011). Requiring a doctor to properly diagnose a patient's relevant medical conditions is sufficiently analogous to this scenario ......
  • United Tort Claimants v. Quorum Health Res., LLC (In re Otero Cnty. Hosp. Ass'n, Inc.)
    • United States
    • U.S. Bankruptcy Court — District of New Mexico
    • March 18, 2015
    ...question of policy is answered by reference to legal precedent, statutes, and other principles of law.” Provencio v. Wenrich, 150 N.M. 457, 261 P.3d 1089, 1094 (2011) (citation and internal quotation marks omitted), overruled on other grounds by Del Sol, 326 P.3d 465 ). Since there is no Ne......
  • Salopek v. Friedman
    • United States
    • Court of Appeals of New Mexico
    • June 4, 2013
    ...first find an actionable duty of care and then define the nature and scope of that duty.Provencio v. Wenrich, 2011–NMSC–036, ¶ 16, 150 N.M. 457, 261 P.3d 1089. {7} It is well established that “a doctor owes a general duty to provide competent care in treating a patient's medical condition.”......
  • Coffey v. United States
    • United States
    • U.S. District Court — District of New Mexico
    • November 25, 2012
    ...that a doctor generally owes the “patient a duty to properly diagnose his relevant medical conditions.” Provencio v. Wenrich, 150 N.M. 457, 261 P.3d 1089, 1095 (2011). One New Mexico case affirmed a finding of reckless conduct when a business charged with inspecting and repairing amusement ......
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3 books & journal articles
  • 48 Wrongful Birth
    • United States
    • Elements of Civil Causes of Action (SCBar) (2015 Ed.)
    • Invalid date
    ...a contraceptive prescription or device. Willis v. Wu, 362 S.C. 146, 153, 607 S.E.2d 63, 66 (S.C. 2004). See also Provencio v. Wenrich, 150 N.M. 457, 261 P.3d 1089 (2011) (wrongful conception is not separate tort but sounds in law of medical negligence). Dotson v. Bernstein, 207 P.3d 911 (Co......
  • Chapter 37 WRONGFUL CONCEPTION/BIRTH/LIFE
    • United States
    • North Carolina Bar Association Elements of Civil Causes of Action in North Carolina (NCBA)
    • Invalid date
    ...Life: A Recommendation to North Carolina Legislators," 29 Campbell L. Rev. 761, 780-84 (2007).[16] See also Provencio v. Wenrich, 261 P.3d 1089 (N.M. 2011) (wrongful conception is not distinct tort, but sounds in law of medical negligence); Dotson v. Bernstein, 207 P. 3d 911 (Colo. App. 200......
  • A. Definition
    • United States
    • Elements of Civil Causes of Action (SCBar) 50 Wrongful Birth
    • Invalid date
    ...a contraceptive prescription or device. Willis v. Wu, 362 S.C. 146, 153, 607 S.E.2d 63, 66 (S.C. 2004). See also Provencio v. Wenrich, 150 N.M. 457, 261 P.3d 1089 (2011) (wrongful conception is not separate tort but sounds in law of medical negligence). Dotson v. Bernstein, 207 P.3d 911 (Co......