Summary of Second Amended Complaint
Case No. 23-CV-1345 (RAM), U.S. District Court for the District of Puerto Rico
Filed: February 26, 2025
Nature of Action
Wrongful Death / Medical Malpractice
Brought by the surviving family of Alex O. Jimenez Ramos (42), who died after a 20+ hour stay in the emergency department at Menonita Hospital Cayey. Plaintiffs seek over $5,000,000 in damages under Puerto Rico’s 2020 Civil Code tort provisions (Articles 1536 & 1541, §§ 1080 & 10806). Diversity case.
Key Parties
Plaintiffs (Connecticut residents):
- Ramona Ramos & Roberto Jimenez: Parents
- Alex Jimenez Jr.: Adult son
- Letsi Jimenez: Sister
- Maria Angely Figueroa (on behalf of minor O.J.F.): Son of decedent
Defendants (jointly & severally liable):
- Menonita General Hospital Inc. d/b/a Menonita Hospital Cayey (“MHC”)
- South Central Emergency Group LLC (“SCEG”)
- Dr. Yaritza Suarez Rodriguez: First ER physician
- Dr. Alejandro Marmolejo Morales: Second ER physician
- The Medical Protective Company: Hospital’s malpractice insurer
- SIMED: Joint underwriting association insurer
- ABC Insurance Companies: Unknown insurers
- John Doe & James Roe: Unknown healthcare providers
Core Facts Alleged (Nov. 28–29, 2022)
- Decedent arrived at MHC ER with severe abdominal pain, fever, vomiting
- Triage nurse failed to recognize shock signs (hypotension, tachycardia, low oxygen saturation)
- >1-hour delay before first seen by Dr. Suarez (6:42 p.m.)
- CT scan showed umbilical hernia with small bowel obstruction; radiologist recommended immediate surgical consult—none placed
- Lactic acid (stat) returned as panic value 12.9 mmol/L (severe sepsis marker), delayed ~6 hours
- Patient’s BP dropped to 70/48 mmHg, SpO2 80%—nurses blamed monitors; family repeatedly begged for help
- Dr. Suarez documented patient as “stable” and handed off to Dr. Marmolejo without alerting him to the emergency
- Dr. Marmolejo never physically examined the patient (per family eyewitness), yet documented “normal” abdominal exam and “patient feels much better”
- Internal medicine consult at 9:30 a.m. found patient critically ill; ordered ICU, vasopressors, NG tube, antibiotics, and surgery consult
- Three cardiac arrests between 9:35 a.m.–12:55 p.m.; decedent pronounced dead at 1:20 p.m. on Nov. 29
- Surgeon arrived at 6:23 p.m.—patient had already died hours earlier
Core Allegations:
- Multiple failures in triage, monitoring, timely diagnostics, surgical consultation, escalation to ICU, and overall emergency response, all below accepted standards of care
Legal Claims (Eight Causes of Action)
Grounded in Articles 1536 & 1541 of Puerto Rico Civil Code (negligence and corporate/hospital liability):
- Against MHC & its personnel: Direct and corporate negligence (policies, staffing, supervision, failure to ensure timely care/transfer)
- Against SCEG: Vicarious and direct liability for ER operations and physicians
- Against Dr. Yaritza Suarez Rodriguez: Individual negligence (delayed evaluation, ignored CT findings, no surgical consult, false “stable” documentation)
- Against Dr. Alejandro Marmolejo Morales: Individual negligence (no physical exam, false documentation, failure to escalate)
- Against SIMED: Direct insurer liability
- Against The Medical Protective Company: Direct insurer liability for hospital
- Against ABC Insurance Companies: Direct insurer liability
- Against John Doe & James Roe: Unknown additional tortfeasors
Damages Sought
- Total: Over $5,000,000
- Emotional/mental pain & suffering, loss of companionship, frustration, and sense of injustice for each family member: $1,000,000 each (parents, adult son, minor son, sister)
- Jury trial demanded
