The continuous treatment doctrine.

Practice point: A physician or hospital cannot escape liability under the doctrine merely because of a failure to make a correct diagnosis as to the underlying condition, where it treated the patient continuously over the relevant time period for symptoms that are ultimately traced to that condition.

Student note: The premise underlying the doctrine is that a plaintiff should not have to interrupt ongoing treatment to bring a lawsuit, because the doctor not only is in a position to identify and correct the malpractice, but also is best placed to do so.

Case: Chestnut v. Bobb-McKoy, NY Slip Op 03267 (1st Dept. 2012).

Here is the decision.

Tomorrow’s issue:  Correcting a judgment.