United States First Circuit

In an action alleging malpractice by plaintiff's deceased mother's medical care providers, dismissal of the suit as time-barred is vacated and remanded where: 1) the date of accrual for plaintiff's personal claim was within the one-year statute of limitations; and 2) under 32 L.P.R.A. section 255, plaintiff is entitled to bring her mother's medical malpractice claim because it was brought within one year of her mother's death.

Appellate Information

• Decided 11/16/2009
• Published 11/16/2009

Judges

• LEVAL, Circuit Judge., Before LYNCH, Chief Judge, LEVAL  and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Tania M. Pagan with whom The Pagan Law Firm, P.C. was on brief for appellant.


• For Appellees:
  
• Hector E. Ramírez-Carbo with whom Ramonita Dieppa Gonzalez and Vivas & Vivas Law Office were on brief for appellees.