Defending Against the Continuous Treatment Doctrine
Medical Malpractice Defense columnists John L.A. Lyddane and Barbara D. Goldberg discuss continuous treatment and exploring the intent and beliefs of the patient at deposition to establish whether the statute of limitations should be tolled.
July 19, 2017 at 02:00 PM
8 minute read
The continuous treatment doctrine, like many other changes in the law, was born of difficult facts. The Court of Appeals was faced with an infant's case against the City of New York where the child had been hospitalized for 16 months, and filed a notice of claim 63 days after discharge. The case had proceeded to verdict and if the strict 90-day limit for notice of claim had been followed, the judgment in favor of the plaintiffs would have been vacated.
Instead, in Borgia v. City of New York, 12 N.Y.2d 151 (1962), the Court of Appeals decided that:
When the course of treatment which includes the wrongful acts or omissions has run continuously and is related to the same original condition or complaint, the “accrual” comes only at the end of the treatment.
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