Montefiore Medical Center/courtesy photo Appeals Court: Continuous Treatment Doctrine Does Not Apply to Plaintiff's 2 ER Visits Over 2.5 Years
The plaintiff's "return to Montefiore [Medical Center] in 2015 constituted a resumption of treatment rather than a continuation thereof insufficient to toll the statute of limitations," wrote the Appellate Division, First Department court.
January 29, 2021 at 06:03 PM
2 minute read
A state appeals court has ruled that a liver cancer patient cannot use the continuous treatment doctrine to toll the statute of limitations in her medical malpractice lawsuit, reasoning that her visits to the defendant hospital's emergency room, which occurred about two and a half years apart, "did not constitute a course of treatment" required under the doctrine.
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