Puerto Rico law
Medical Malpractice Laws in Puerto Rico.
Medical malpractice claims in Puerto Rico are governed by the same general tort provisions as other personal injury claims — Article 1536 of the 2020 Civil Code (formerly Article 1802). The statute of limitations is 1 year from discovery. Puerto Rico does not have a general cap on compensatory damages, but Law 136 imposes a $150,000 cap on claims against medical faculty members at certain health facilities. There is no mandatory pre-suit review panel or expert affidavit requirement.
Last verified: 2026-02-26
State law
Statute of Limitations
Medical malpractice claims must be filed within 1 year from the date the patient knew or should have known of the injury and who caused it. This is the same prescriptive period as all other tort actions in Puerto Rico.
Exceptions
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.
State law
Fault & Liability Rules
The same pure comparative fault rules apply as in general personal injury. A patient's recovery is reduced by their percentage of fault but is not barred regardless of the percentage.
State law
Damage Caps
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.
State law
Key Puerto Rico Statutes
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.
State law
Official Sources
Not Legal Advice
This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Puerto Rico.
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