Continuous Treatment Doctrine, which extends statute of limitations for medical malpractice claims, is alive and well

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BGKS

In a February 15, 2018 decision, the New York Court of Appeals allowed a malpractice action to proceed where the surgery at issue took place 9 years before the patient sued, and there was a 2 1/2 year gap in treatment.  The court held that the plaintiff raised issues of fact as to whether she and her surgeon "intended" a continuous course of treatment. Notably, the court stated that the fact that the physician repeatedly told plaintiff she could return "as needed" does not foreclose a finding that the parties anticipated further treatment.