Pérez v. Municipality of Mayagüez
Pérez v. Municipality of Mayagüez
Opinion of the Court
In the petition filed by appellant in the present appeal it was alleged that the antitetanic injection administered to minor Sonia Rosado Pérez and which produced an anaphy-lactic shock causing her death was so administered “after making an alleged test”; that “at no time was plaintiff [the mother of the deceased minor] consulted on the administration of the injection, and that at no moment was she sent for in order to obtain her consent for the administration of any particular injection, nor was she asked about the history of the child as to whether she was allergic to such class of injections”; and, lastly, that the trial judge concluded that it is the practice of the Municipal Hospital of Mayagüez and of another hospital of the locality that in order to administer the injection in question a medical order is necessary after making an examination of the patient and investigating his hypersensitiveness. We issued a writ in view of the possibility that the situation of facts were different from that which we considered in Sáez v. Municipality of Ponce, 84 P.R.R. 515 (1962).
Without the benefit of the transcript of the evidence,
It is not necessary to elaborate further to conclude that the present case is governed by the doctrine announced in Sáez, and, therefore, that the appellee court did not err in dismissing the complaint.
The judgment rendered by the Superior Court, Mayagüez Part, on January 10, 1962 will be affirmed.
An examination of the original record reveals that appellant also interposed a petition for appeal and in order to perfect it she moved that the transcript of evidence be done in forma pauperis. This motion was never granted. After the writ of review was issued, appellant did not designate the part of the evidence desired to be transcribed. Rule 54.3 of the Rules of Civil Procedure of 1958.
It was also the practice to refer the case to a physician if the result of the test was positive, hut if it was negative, the nurse was authorized to administer the injection.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.