Puerto Rico Jury Instruction - 1.3 Medical Malpractice Claim Against Hospital And Physician Statute Of Limitations Defense
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FAQ
The basis for most medical malpractice claims involves four elements: duty, breach, injury, and damages.
Laws tit. 31, § 5141. A person who by an act or omission causes damage to another through fault or negligence shall be obliged to repair the damage so done.
What Is the Statute of Limitations in Puerto Rico? For most civil cases, there is a one-year statute of limitations in Puerto Rico from the date of the incident in question. Should you attempt to file a legal claim case after this deadline has passed, it will not be valid.
In Puerto Rico, consumer debt such as HOA & Condo fees have a statute of limitations of 4 years.
If you are suspicious that there has been a case of medical negligence with you or your loved ones then one should file a case not less than 3 years from the date of alleged negligence, as the limitation period for medical negligence expires after the completion of 3 years.
Still, it is a specific subset of tort law that focuses on professional negligence. The harm caused by medical malpractice doesn't necessarily come from intentional wrongdoings. Rather a medical professional can commit this type of tort by acting negligently or failing to act appropriately.
Generally speaking, a victim of medical malpractice has a limited time period in which they must pursue their claim or be forever barred. In Puerto Rico, the statute of limitations is one year from the date of the incident of malpractice.