When patients suffer harm from negligent medical care, they can pursue malpractice claims to recover compensation for their losses. However, the process of filing a medical malpractice claim in New York requires an injured patient to file their claim on time. The specific deadline applicable to a medical malpractice claim can vary based on the applicability of certain legal doctrines, such as the continuous treatment doctrine. When a patient has a malpractice claim, understanding how the continuous treatment doctrine works and whether it applies to their case can help them decide when to file their claim.
New York’s Statute of Limitations for Medical Malpractice Claims
The statute of limitations imposes a deadline for a plaintiff to file their lawsuit. Statutes of limitations ensure that plaintiffs file their claims within a reasonable time, before witnesses’ memories fade or parties lose access to evidence to support their cases. Each type of claim has a specific statute of limitations. In New York, medical malpractice claims have a 30-month (two years, six months) statute of limitations. When a patient files a malpractice lawsuit after the applicable limitations period for their claim has expired, the healthcare provider sued in the case can file a motion to dismiss the case, which the court can grant regardless of the merits of the plaintiff’s claim.
However, certain exceptions can alter the applicable deadline for a medical malpractice claim, such as exceptions for foreign objects left inside the body, misdiagnosis of cancer, and minor patients. Other legal doctrines, such as the continuous treatment doctrine, can also affect the calculation of the applicable limitations period.
What Is the Continuous Treatment Doctrine?
The continuous treatment doctrine pauses (“tolls”) the start of the statute of limitations for a medical malpractice claim while a patient remains under active treatment for the same condition for which they received negligent treatment from their healthcare provider. The doctrine aims to preserve the provider-patient relationship by allowing providers to correct errors that could harm a patient. Under the doctrine, the statute of limitations does not begin to run until the ongoing treatment ends.
Requirements to Invoke the Doctrine
Certain circumstances must apply for a patient to invoke the continuous treatment doctrine to toll the limitations period for their medical malpractice claim:
- The negligent treatment must have occurred during an ongoing course of treatment for a specific injury or medical condition, rather than as part of a discrete procedure or sporadic treatment (such as annual checkups)
- All the treatments must relate to the same condition
- The provider-patient relationship must remain active and continuous throughout the course of treatment
Common Examples of “Continuous Treatment”
Examples of scenarios where the continuous treatment doctrine could apply include:
- An extended course of treatment for a chronic illness, such as cancer
- A series of surgical procedures for the same condition
- Ongoing follow-up visits to manage a chronic health condition
When Does the Doctrine Not Apply?
The continuous treatment doctrine does not apply in various circumstances, such as:
- Routine checkups
- Follow-up visits that treat different conditions, illnesses, or injuries
- Treatment rendered by a different physician (such as a referral or specialist consultation)
- Extended gaps in treatment that indicate a cessation of the course of treatment
- All treatment provided by a primary care physician (treatment must relate to the same injury or condition)
- Informal communications or consultation that does not establish a patient-provider relationship
Contact a Medical Malpractice Attorney for Help Filing Your Claim on Time
After you’ve suffered injuries or complications from medical treatment, you have a limited time to pursue legal action against the providers responsible for your harm. Contact McCann Legal, PC today for a free, no-obligation consultation with a New York medical malpractice attorney to learn more about how the continuous treatment doctrine affects the deadline for filing your malpractice claim against your healthcare providers.