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Rubert-Torres v. Hospital San Pablo, Inc.

205 F.3d 472 (2000)

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Rubert-Torres v. Hospital San Pablo, Inc.

United States Court of Appeals for the First Circuit
205 F.3d 472 (2000)

  • Written by Haley Gintis, JD

Facts

On July 14, 1996, Josefina Rubert-Torres (plaintiff) filed a medical-malpractice suit against Hospital San Pablo, Inc. (hospital) and Dr. Néstor Rivera-Cotté (defendants). The complaint alleged that Rivera-Cotté’s malpractice caused Rubert-Torres’s daughter to suffer cerebral palsy. After the hospital answered the complaint, discovery commenced. On November 26, 1996, the parties met for the first scheduling conference. On April 30, 1997, the parties met for a second scheduling conference. During the meeting, the hospital requested that Rubert-Torres support the medical-malpractice allegations with specific facts. After Rubert-Torres failed to do so, the hospital motioned for judgment on the pleadings under Federal Rule of Civil Procedure (FRCP) 12(c). One week after the hospital’s motion, Rubert-Torres filed an opposition to the FRCP 12(c) motion and included an expert-witness report with the motion. The district court then converted the hospital’s motion for judgment on the pleadings into a motion for summary judgment and granted the motion. Rubert-Torres appealed, claiming that the district court improperly converted the FRCP 12(c) motion into a summary judgment motion.

Rule of Law

Issue

Holding and Reasoning (Wallace, J.)

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