Lopez v. Mirabal

Lopez v. Mirabal,
No. Civ. 97-2255 SEC JA (D.P.R. June 6, 2000)

A patient filed a malpractice
suit against her treating physicians, a hospital, and a hospital employee, alleging
that she suffered injuries during her treatment and surgery due to negligence.
The hospital filed a motion asking the court to make a finding of law that they
were not jointly and severally liable for the alleged negligence of the physicians,
but instead that they could only be considered severally liable. The United
States District Court for Puerto Rico denied the motion reasoning that the patient
asserted facts sufficient to show negligence on the part of the physicians and
the hospital. The court further reasoned that the issue of whether the injuries
were caused by the physicians, the hospital employee, or both was a question
for the jury.