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SUAREZ MATOS v. ASHFORD PRESBYTERIAN COM. HOSP.

Nos. 92-1861, 92-1862, 92-1891, 92-1914 and 92-2469.

4 F.3d 47 (1993)

Karen SUAREZ MATOS, et al., Plaintiffs, Appellees, v. ASHFORD PRESBYTERIAN COMMUNITY HOSPITAL, INC., et al., Defendants, Appellees, Corporacion Insular De Seguros, Inc., Defendant, Appellant. Karen SUAREZ MATOS, et al., Plaintiffs, Appellees, v. ASHFORD PRESBYTERIAN COMMUNITY HOSPITAL, INC., Defendant, Appellant. Karen SUAREZ MATOS, et al., Plaintiffs, Appellants, v. ASHFORD PRESBYTERIAN COMMUNITY HOSPITAL, INC., et al., Defendants, Appellees. Karen SUAREZ MATOS, et al., Plaintiffs, Appellees, v. ASHFORD PRESBYTERIAN COMMUNITY HOSPITAL, INC., et al., Defendants, Appellees, Dr. Jose I. Carrasco, Defendant, Appellant. Karen SUAREZ MATOS, et al., Plaintiffs, Appellees, v. ASHFORD PRESBYTERIAN COMMUNITY HOSPITAL, INC., et al., Defendants, Appellees, Corporacion Insular De Seguros, Inc., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided September 13, 1993.

Attorney(s) appearing for the Case

Igor J. Dominguez with whom Igor J. Dominguez Law Offices, was on briefs, for Ashford Presbyterian Community Hosp., Inc.

Rafael Fuster-Martinez with whom Carlos Martinez-Texidor, Martinez-Texidor & Fuster and Igor Dominguez, were on briefs for Ashford Presbyterian Community Hosp., Inc.

Efren T. Irizarry-Colon with whom Elisa M. Figueroa-Baez Irizarry-Colon and Soler & Banuchi Law Offices, were on briefs, for Dr. Jose I. Carrasco.

Eugene F. Hestres, with whom Bird, Bird & Hestres, was on briefs, for Corporacion Insular De Seguros.

Charles A. Cordero, with whom Cordero, Miranda & Pinto, for Karen Suarez Matos, et al.

Before BOUDIN, Circuit Judge, ALDRICH, Senior Circuit Judge, and STAHL, Circuit Judge.

REVISED OPINION

ALDRICH, Senior Circuit Judge.

Plaintiff Karen Suarez Matos, a resident of New York vacationing in Puerto Rico, was taken to defendant Ashford Presbyterian Community Hospital in San Juan on October 30, 1989 on an emergency basis. A uterine tumor, or myoma, was removed the following day, and thereafter examined by defendant Doctor Jose Carrasco, a pathologist on the staff of the hospital. He, allegedly, reported it was benign. On discharge...

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