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Salerno v. Huntington Hospital Dolan Family Health Center, Inc.
Citations: 98 A.D.3d 730; 950 N.Y.S.2d 202
Court: Appellate Division of the Supreme Court of the State of New York; August 29, 2012; New York; State Appellate Court
In a medical malpractice case against Huntington Hospital Dolan Family Health Center, the defendant appealed a Supreme Court order denying its motion for summary judgment on the grounds that the complaint was time-barred. The plaintiffs' decedent was misdiagnosed with a urinary tract infection in December 2002, leading to emergency surgery for a perforated colon caused by diverticulitis. After the surgery and subsequent discharge on January 18, 2003, the decedent sought further treatment for a colostomy reversal but failed to complete necessary appointments, ultimately passing away in 2011. The decedent initiated the lawsuit on July 21, 2006, alleging medical malpractice due to the misdiagnosis. The defendant argued that the lawsuit was initiated beyond the 2.5-year statute of limitations for medical malpractice claims. In opposition, the decedent invoked the continuous treatment doctrine, arguing that treatment at the Dolan Center was related to the initial malpractice, thus tolling the statute of limitations. The court determined that the decedent raised a triable issue of fact regarding whether the treatment received was continuous and whether it was explicitly anticipated, based on the surgeon's recommendations. Additionally, evidence was presented that staff at the Dolan Center were agents of the hospital, supporting the argument that the treatment was interconnected. Consequently, the Supreme Court's order denying the defendant's motion for summary judgment was affirmed, with costs awarded.