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United States First Circuit


ESPADA v. LUGO, 01-2296

A claim alleging medical malpractice under Article 1802 of the Puerto Rico Civil Code was not time-barred as a matter of law, where plaintiff may have obtained the requisite knowledge only when she learned of the possible malpractice, despite her due diligence in investigating her medical condition.

Appellate Information

  • Decided 12/02/2002
  • Published 12/02/2002

Judges

  • SHADUR, Senior District Judge., Before BOUDIN, Chief Circuit Judge, LYNCH, Circuit Judge, and SHADUR, Senior District Judge.

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • Alexander H. Bopp, with Ernesto G. López Soltero on brief, for appellant.

  • For Appellees:
  • Mirta E. Rodriguez-Mora for appellee.
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