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Alberts (P) went to Schultz (D) with a condition known as rest pain in which his right leg hurt in the absence of any exercise or activity. This was an acknowledged sign of impending gangrene that would require amputation of the affected limb. D did not order an arteriogram nor did he conduct any other tests and a requested referral to another doctor did not occur until 13 days later. When treated by the other doctor remedial measures were immediately taken, and bypass surgery was attempted and eventually the leg was amputated. A partial summary judgment was given to Ds for P's failure to establish a causal connection between the alleged negligence and the amputation. The issue of increased risk of harm was certified to the New Mexico Supreme Court.

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