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Marisol Rodraguez-Daaz; Jose Rafael Ferreras-Duran v. Seguros Triple-S, Inc.; Javier J. Rodraguez-Becerra

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Before Torruella, Boudin and Lipez, Circuit Judges.

This is an appeal by Marisol Rodraguez-Daaz and her husband Jose Rafael Ferreras-Dur n from a decision granting summary judgment to Dr. Javier J. Rodraguez-Becerra (“Dr. Rodraguez”) and his insurer Seguros Triple-S, Inc. in a medical malpractice action brought under Article 1802 of the Puerto Rico Civil Code, P.R. Laws Ann. tit. 31, § 5141 (1990). We recount the facts in the light most favorable to the plaintiffs as the non-moving parties. Statchen v. Palmer, 623 F.3d 15, 16 (1st Cir. 2010).

In early 2007, Rodraguez-Daaz, a forty-five-year-old woman then resident in Puerto Rico with a personal and family history of thyroid cancer, felt a lesion in her left parotid gland, which is one of the salivary glands. Her treating physician, Dr. Jose Arsuaga, referred her to Hato Rey Pathology Associates (“HRPA”) to undergo a fine needle aspiration biopsy of her left parotid gland. Dr. Rodraguez, a physician at HRPA, performed the biopsy on March 1 and issued a cytology report on March 6.

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