960 F. Supp. 2d 362
D.P.R.2013Background
- Rosa E. Sanchez (decedent) presented to Ryder Memorial Hospital ER and was transferred to and treated by Dr. Edgar A. Cardona‑Traverso, who had privileges but was not an employee.
- Plaintiffs (seven children and one grandchild) sued for wrongful death and medical malpractice, alleging Dr. Cardona’s negligence and Ryder’s vicarious liability under apparent/ostensible agency.
- Ryder moved for summary judgment arguing plaintiffs lacked evidence to treat Ryder as a co‑tortfeasor and that apparent agency cannot impose liability absent proof of hospital negligence or breaches of duties in eligendo/in vigilando/in contrahendo.
- Magistrate judge recommended denying both parties’ summary judgment motions; the district court adopted the R&R and denied Ryder’s summary judgment without objection.
- Ryder petitioned the Puerto Rico Supreme Court (certification) to resolve whether apparent agency relieves plaintiffs of proving hospital negligence or duties; the district court denied certification.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a hospital can be vicariously liable under apparent/ostensible agency for negligence of a non‑employee physician who treats a patient who came to the hospital | Plaintiffs: Yes — when patient seeks help at hospital and the hospital provides the physician, the patient entrusts care to the hospital and hospital is jointly/severally liable | Ryder: No — apparent agency should not displace plaintiff’s burden to prove hospital’s own negligent act/omission or breach of duties in eligendo/in vigilando/in contrahendo; otherwise it imposes strict liability inconsistent with Articles 1802/1803 | Court: Yes — under Puerto Rico precedent, when patient seeks care at hospital and hospital provides the physician, hospital may be held vicariously liable regardless of physician’s employment status; certification denied |
| Whether certification to the Puerto Rico Supreme Court is warranted to resolve alleged precedent conflict | Plaintiffs: Oppose certification; existing Commonwealth precedent governs | Ryder: Requests certification claiming ambiguity in Commonwealth law and seeking clarification | Court: Denied — certification unwarranted because clear Puerto Rico precedents exist and certification is not for relitigating established state law |
Key Cases Cited
- Marquez Vega v. Martinez Rosado, 116 D.P.R. 397 (Puerto Rico 1985) (recognizes three theories of hospital liability and holds patient‑hospital relationship controls vicarious liability under apparent agency)
- Fonseca v. Inter‑Am. Hosp. for Advanced Medicine (HIMA), 184 D.P.R. 281 (Puerto Rico 2012) (addresses apparent authority and hospital liability)
- Cantwell v. Univ. of Mass., 551 F.2d 879 (1st Cir. 1977) (certification to state court not for persuading state court to change existing law)
- Garcia Colón v. Garcia Rinaldi, 340 F. Supp. 2d 113 (D.P.R. 2004) (applies Marquez Vega to distinguish cases where patient sought care at hospital versus physician’s private office)
- Mercado‑Velilla v. Asociacion Hosp. del Maestro, 902 F. Supp. 2d 217 (D.P.R. 2012) (explains hospital liability when patient goes directly to hospital and hospital provides treating physician)