Legal doctrines are often utilized by tribunals to support a position or desired finding that does not fit within the established general rules of law. Doctrines usually derive from repeated common law holdings eventually giving rise to doctrinal status but they are often gradually expanded beyond their original pronouncements while still bearing the original moniker. The doctrine of “continuous treatment” might be argued by some as being one such legal doctrine when utilized in connection with estate and trust matters.
‘Continuous Treatment’
The doctrine of continuous treatment is most commonly known in connection with medical malpractice actions.1 As one recent author put it in discussing the perceived restrictive New York statute of limitations for medical malpractice actions “In light of the antediluvian nature of our current statute [CPLR 214-a], the exception for continuous treatment has taken on a pivotal role in many malpractice cases. Indeed, it may well be the subject of more Appellate Division decisions than any other issue in medical malpractice.”2
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