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Where a U.S. District Court judge ruled as a matter of law that a defendant in a medical malpractice suit was covered by a Puerto Rico statutory cap on damages, the judge erred, as the applicability of the damages cap hinges on a factual question that should have been resolved by the jury.
Vacated and remanded.
“This case is about who decides whether a Puerto Rico statutory cap on certain medical malpractice damages applies to defendant Dr. Maryrose Concepción-Girón (‘Dr. Concepción’). Dr. Concepción delivered plaintiffs’ baby at Hospital Episcopal San Lucas-Ponce (‘HESL’ or ‘the hospital’). The baby suffered birth injuries and plaintiffs sued, alleging malpractice for which they sought some $6,000,000 in damages. Under Puerto Rico law, though, plaintiffs’ recovery would be capped at $150,000 if Dr. Concepción was a faculty member at HESL at the time of the birth.
“The applicability of this statutory cap was the subject of much dispute below. Defendants maintained that Dr. Concepción was indeed a member of HESL’s teaching faculty at the relevant time, but could produce no contract to that effect. In the absence of a contract, the district court ordered a pretrial ‘evidentiary hearing,’ after which it concluded that Dr. Concepción was a faculty member when she delivered plaintiffs’ baby, and thus was covered by the statutory cap on medical malpractice damages. …
“Plaintiffs now appeal, arguing that the applicability of the statutory cap is not a matter of law but a question of fact and that the district court erred by deciding the issue itself instead of leaving it for the jury. We agree with plaintiffs that the applicability of the damages cap hinges on a classic question of fact: whether Dr. Concepción was a member of the HESL teaching faculty when she delivered plaintiffs’ baby. That factual question is not one-sided, and should have been resolved by the jury before the district court drew a legal conclusion about the applicability of the damages cap. We therefore vacate the district court’s order declaring Dr. Concepción covered by the statutory damages cap. …”
Pérez-Pérez, et al. v. Hospital Episcopal San Lucas, Inc., et al. (Lawyers Weekly No. 01-172-24) (19 pages) (Kayatta, J.) Appealed from the U.S. District Court for the District of Puerto Rico (Docket No. 23-1018) (Aug. 13, 2024).
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