Claims brought by a woman alleging that her doctors failed to timely diagnose and treat her breast cancer are not barred by the two-and-a-half-year statute of limitations for medical malpractice claims because the woman’s frequent cancer screenings, which she underwent because of her family history of cancer, were a “continuous treatment,” a Manhattan state judge has ruled.
Supreme Court Justice Alice Schlesinger (See Profile) ruled on Dec. 17 in Donovan v. Keating, 107208/08, that the screenings should be considered a continuous treatment for cancer even before any cancer was detected, denying the defendants’ motion for summary judgment.
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