Puerto Rico Medical Malpractice Laws

The one-year period begins when the patient discovers or reasonably should have discovered the malpractice and the identity of the responsible healthcare provider.

When a medical professional conceals the malpractice, the limitations period may be tolled until the patient discovers or should have discovered the injury through reasonable diligence.

The statute of limitations does not run against minors (under 21 in Puerto Rico) who lack legal capacity to act independently.

Puerto Rico does not impose a general statutory cap on compensatory damages in medical malpractice cases.

A $150,000 statutory damage cap applies when the defendant doctor is a faculty member of a health facility at the time of the incident. This is an affirmative defense — the burden is on the defendant to prove faculty status. The applicability of the cap has been litigated and may be a jury question.

Punitive damages are available only for deceitful acts or wanton disregard, and are capped at the amount of compensatory damages awarded.

Medical malpractice claims in Puerto Rico are brought under the general tort provision. The plaintiff must prove duty, breach of the standard of care, proximate cause, and damages.

Puerto Rico regulates medical-hospital professional liability insurance, including arbitration panels for certain claims. Healthcare providers are required to maintain professional liability coverage.

Patients have the right to informed consent before medical treatment. Failure to obtain proper informed consent can be a basis for a malpractice claim separate from negligence in treatment.