The action must be commenced within two and one-half years of the alleged act, omission, or failure, or, where there is continuous treatment, the last treatment for the same illness, injury, or condition which gave rise to the alleged act, omission, or failure. Under the continuous treatment doctrine, the limitations period is tolled until the end of the course of treatment on three conditions: (1) the patient continued to seek, and obtained, an actual course of treatment from the defendant during the relevant period; (2) the course of treatment was for the same conditions or complaints underlying the plaintiff's claim; and (3) the treatment is continuous. There may be continuity of treatment when further treatment is explicitly anticipated by both the physician and patient, as manifested in the form of a regularly scheduled appointment for the near future in conformance with the periodic appointments which characterized the treatment in the immediate past. However, a discharge by a physician does not preclude application of the toll if the patient timely initiates a return visit to complain about, and seek further treatment for, conditions related to the earlier treatment.
Chvetsova v. Family Smile Dental, NY Slip Op 00650 (2d Dep't February 2, 2022)
