Mercado-Burgos v. Hospital Dr. Cayetano Coll Y Toste

MEMORANDUM AND ORDER

BESOSA, District Judge.

This case is before the Court pursuant to the provisions of the Emergency Medical Treatment and Active Labor Act (EMTALA), 42 U.S.C. §§ 1395 et seq. Supplemental jurisdiction is invoked under 28 U.S.C. § 1367 because of alleged medical malpractice, a tort claim pursuant to articles 1802 and 1803 of the Civil Code, Laws of P.R.Ann. tit. 31, §§ 5141, 5142.

Plaintiff, decedent Juan David Mercado-Burgos, was taken as a “John Doe” patient to defendant Hospital Cayetano Coll y Tosté by paramedics, arriving at 8:35 p.m., December 22, 2006. He had been found…