Gladys Torres-Correa v. Instituto de Ojos y Piel Inc., et al.

Summary

The United States District Court for the District of Puerto Rico granted Defendants’ motion for summary judgment in a medical malpractice action arising from ophthalmic surgery. The court held that Plaintiff failed to properly controvert Defendants’ factual assertions and offered no admissible evidence establishing the applicable standard of care, breach, or causation. The case was dismissed with prejudice.

Holdings

1. Summary judgment was warranted because Plaintiff failed to produce admissible evidence establishing the standard of care, breach, or causation, each of which was essential to her medical-malpractice claims.
2. Plaintiff was not entitled to defer or deny consideration of summary judgment under Rule 56(d).
3. Plaintiff's unsupported factual assertions did not establish a genuine dispute and Defendants' properly supported factual assertions were deemed admitted.

Questions Presented

1. Whether Defendants were entitled to summary judgment because Plaintiff failed to identify admissible evidence establishing the applicable medical standard of care, a deviation from that standard, and causation.
2. Whether Plaintiff was entitled under Federal Rule of Civil Procedure 56(d) to defer or deny consideration of summary judgment because discovery allegedly remained ongoing.
3. Whether Plaintiff's failure to comply with the Federal Rules of Civil Procedure and District of Puerto Rico Local Rule 56 required the court to deem Defendants' factual assertions admitted.

Disposition

dismissed