March 25, 2009

Medical malpractice.

Practice point: The limitations period is stayed when the course of treatment has run continuously and is related to the same original condition or complaint.

Practitioners should note that the continuous treatment doctrine may be applied to a physician who has left a medical group when there has been subsequent treatment by group members.

Case: Mule v. Peloro, NY Slip Op 01626 (2d Dept. 2009)

The opinion is here.

Tomorrow’s issue: Res judicata.