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What is “Continuous Treatment” for Purposes of Extending the Time I Have to File a Lawsuit in New York?

 

A:

In New York, there are strict time limits in which you have to file a lawsuit for medical malpractice. Depending upon your circumstances and where you received your medical care, the time limits will differ. Importantly, there is a legal theory known as the “continuous treatment doctrine” which basically says that if you continue to be seen for the same condition and same complaint that you originally went to the doctor for, the time limit within which you have to bring a lawsuit can be extended until the last visit you had with that doctor.

However, you cannot rely on anyone telling you definitively whether you are able to take advantage of this extended time unless they have done a complete and thorough investigation of your case and have reviewed all of your medical records in detail.

There are many factors to evaluate when deciding whether you can take advantage of this. Some factors include the reasons specifically why you continued to return to the doctor, what the doctor did during each of those visits and what treatment plan the doctor had on every visit you were there.

Only after reviewing every single page of every entry of every record regarding your medical care can an experienced medical malpractice attorney make an educated decision about whether you can obtain the benefit of the continuous treatment doctrine which might extend the time you have to file your lawsuit in New York.