Puerto Rico

Statute of Limitations

Medical Claim Generally:

The statute of limitations for a medical malpractice claim is one year. However, Puerto Rico does have the discovery rule. [31 L.P.R.A. § 5298]

Minors:

The statute of limitations does not begin to run until the minor reaches the age of majority. [Ley Núm. 55 de 2020]

Wrongful death:

A wrongful death action must be commenced within one year of the date of death. [31 L.P.R.A. § 5298]

Damage Caps

In Puerto Rico, there are no specific caps on damages for medical malpractice cases.

Attorney Fee Caps

Contingency fee arrangements are subject to limitations depending on the amount recovered. [P.R. Laws tit. 26, § 4111]

Pre-suit Requirements

Puerto Rico currently does not have any pre-suit requirements as of 2023. [Law 93 of 2023]

Expert

Qualifications

Puerto Rico requires the general rules for experts that the testimony must be relevant and reliable. [Rule 1.5 of the Puerto Rico Rules of Professional Conduct]

Negligent 

Credentialing Claims

Puerto Rico recognizes negligent credentialing [Agosto-Rivera v. Hospital Metropolitano Dr. Pila]