Court: Appellate Division of the Supreme Court of the State of New York; March 30, 1997; New York; State Appellate Court
Francis Martin, the defendant in a medical malpractice case, appeals a Supreme Court order that denied his motion for partial summary judgment regarding claims based on medical treatment rendered to the plaintiff before October 6, 1990, arguing those claims are time-barred. The appellate court reverses the lower court's decision, granting Martin's motion and dismissing the claims based on pre-October 6, 1990 treatment.
The plaintiff experienced multiple fainting episodes from 1984 to 1991, with significant incidents in February and June 1991. After the February 1991 episode, Martin, when contacted by the plaintiff's mother, did not provide treatment recommendations and referred her to another doctor. Following the June 1991 episode, a brain tumor was diagnosed, leading to surgeries in August and November 1991, resulting in various injuries to the plaintiff.
The lawsuit was initiated on March 29, 1993, with service on Martin occurring on April 6, 1993. The plaintiff alleges Martin was negligent in failing to facilitate earlier tumor detection. However, the court finds that any potential negligence occurred during neurological evaluations in March and October 1989, well beyond the statute of limitations. Furthermore, after October 1989, care was assumed by other physicians, making it impossible to apply the continuous treatment doctrine, which requires a consistent course of treatment to extend the statute of limitations.
The court clarifies that the date of service should not affect the application of the continuous treatment doctrine or the timeliness of the claims, as there were no treatments alleged between September 29, 1990, and October 6, 1990. The ruling concludes with the judges concurring on the decision.
