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ESPADA v. LUGO

No. 01-2296.

312 F.3d 1 (2002)

Carmen Gloria Santos ESPADA, Plaintiff, Appellant, v. Jaime Cancel LUGO, Defendant, Appellee, C/P Cancel-Doe; Hospital Pavia, Defendants.

United States Court of Appeals, First Circuit.

Decided December 2, 2002.

Attorney(s) appearing for the Case

Alexander H. Bopp, with Ernesto G. López Soltero on brief, for appellant.

Mirta E. Rodriguez-Mora for appellee.

Before BOUDIN, Chief Circuit Judge, LYNCH, Circuit Judge, and SHADUR, Senior District Judge.

SHADUR, Senior District Judge.

Carmen Gloria Santos Espada ("Santos") brought this diversity-of-citizenship action against Dr. Jaime Cancel Lugo, claiming that Dr. Cancel had committed medical malpractice under Article 1802 of the Puerto Rico Civil Code. Santos contends that Dr. Cancel acted negligently in performing a modified radical mastectomy that included the excision of 14 lymph nodes, causing lymphedema in her right arm.

When the case went to trial...

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