Split Panel Puts 'Continuous Treatment Doctrine' Under Microscope
A blind woman's medical malpractice action against her doctor cannot be dismissed as time-barred because she has raised factual issues about whether the applicable statute of limitations was tolled under the continuous treatment doctrine, a Manhattan appeals court has ruled.
August 31, 2017 at 06:00 PM
6 minute read
A blind woman's medical malpractice action against her doctor cannot be dismissed as time-barred because she has raised factual issues about whether the applicable statute of limitations was tolled under the continuous treatment doctrine, a Manhattan appeals court has ruled.
The doctrine, considered one of the most effective means of overcoming the statute of limitations in medical malpractice cases, provides that, in actions based on a failure to diagnose a condition, the limitations period is tolled as long as the symptoms being treated indicate the condition's existence.
In a lawsuit filed March 5, 2010, plaintiff Michelle Lewis claimed that Frederick Rutkovsky, her primary care doctor, failed to diagnose a meningioma—a benign brain tumor—despite her visiting him intermittently between April 1998 and Sept. 5, 2007, and at times complaining of migraine headaches, blurred vision and related symptoms.
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