New York medical malpractice lawsuits, like all civil claims, are governed by statutes of limitations. As such, if a plaintiff does not pursue his or her claim within the time limitations set forth under the law, he or she waives the right to recover. In some cases, however, the statute of limitations may be tolled by the continuous treatment doctrine, which allows the injured party additional time to pursue his or her claim.
The Supreme Court of New York, Appellate Division, recently explained the continuous treatment doctrine, in a case in which it ruled that the plaintiff’s claim was not barred by the statute of limitations due to the application of the doctrine. If you were injured by substandard medical care, you should contact an experienced Rochester medical malpractice attorney as soon as possible to discuss your options for seeking damages.
Factual and Procedural Background
Reportedly, the plaintiff underwent hip replacement surgery at the defendant hospital on July 9, 2008. She filed a Complaint alleging medical malpractice against the defendant hospital and defendant surgeon on December 16, 2013. The defendants filed a motion for summary judgment arguing that the Complaint was filed more than two years and six months after the plaintiff ceased treatment with the defendants and that therefore, the action was barred by the statute of limitations. The plaintiff opposed the motion, arguing that she continued treating until November 26, 2011, which was less than two and a half years before she filed her lawsuit. The trial court granted the defendants’ motion, after which the plaintiff appealed.