Ruling revives woman’s lawsuit over son’s cancer treatment

January 5, 2019

ALBUQUERQUE, N.M. (AP) — A federal appeals court has revived a woman’s negligence lawsuit over alleged substandard treatment provided to child cancer patients at the University of New Mexico Hospital in the 1980s and 1990s.

The 10th U.S. Circuit Court of Appeals decision Wednesday overturns a trial judge’s order to dismiss the claim on grounds that the hospital didn’t receive required notice of the circumstances of Maria Cummings’ legal claims before she joined a lawsuit following her 5-year-old son’s death in 1983.

The appeals court says the circumstances were disclosed in detail for the hospital and its lawyers in an affidavit attached to a court filing about Cummings joining an existing case.

The decision notes that the hospital was already investigating the alleged substandard treatment but didn’t contact Cummings about her son’s treatment.

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