The Court of Appeals of Puerto Rico recently modified a ruling regarding costs and attorney fees in a medical malpractice case, Luz Eneida MartÃnez Morales Y Otros v. Kathia v. Alejandro Serrano Y Otros, docket number TA2026AP00289. This decision affects how costs are assessed in appeals and clarifies what constitutes necessary expenses in legal proceedings.
The case involves Luz Eneida MartÃnez Morales, her husband Abigail Quiñones Pietri, and their son Alexis Quiñones MartÃnez as the petitioners. They filed a lawsuit against Dr. Kathia Alejandro Serrano and Doctor’s Center Hospital, Inc., claiming damages due to alleged medical negligence during a breast reduction surgery in 2016. After a trial, the lower court ruled against them, prompting the petitioners to appeal the decision.
The dispute escalated when the lower court ordered the petitioners to pay costs and attorney fees for what it deemed a frivolous appeal. The petitioners contested this order, claiming they did not act with malice or without merit in their appeal. They sought a review from the Court of Appeals, arguing that the lower court abused its discretion in imposing these costs.
On May 21, 2026, the Court of Appeals, led by Judge DomÃnguez Irizarry, issued a combined opinion modifying the lower court's order. The court ruled that the lower court improperly ordered the petitioners to pay for messenger services, stating, "the Tribunal de Primera Instancia incurred in abuse of discretion" by imposing costs without sufficient justification for the necessity of those expenses. The court also addressed the attorney fees, stating that the lower court lacked authority to impose such fees for actions taken in the appellate process, as no determination of frivolity was made by either the appellate court or the Supreme Court.
The court modified the total costs from $14,985 in attorney fees and additional costs to a total of $162.10, which included reasonable expenses for photocopies and filing fees. The ruling emphasized that not all expenses incurred during litigation are recoverable and that costs must be necessary and reasonable.
This ruling has significant implications for future legal cases in Puerto Rico. It clarifies the standards for what constitutes recoverable costs in appeals, particularly in medical malpractice cases. The decision reinforces the idea that parties cannot be penalized for pursuing their legal rights unless their actions are clearly deemed frivolous or without merit.
Going forward, this ruling may affect how attorneys approach the assessment of costs in appeals and may encourage more careful consideration of the expenses claimed in litigation. The court’s decision sets a precedent that could influence similar cases, ensuring that parties are not unduly burdened with costs without clear justification.
As for what’s next, the petitioners may not appeal this ruling further as the Court of Appeals decision is typically final in such matters unless there are exceptional circumstances. Details were not available in the court filing regarding any related cases pending.











