Home -> Law Blog Directory -> Personal Injury Law Blogs -> New York Medical Malpractice Blog

Personal Injury Law

: New York Medical Malpractice Blog

NY Medical Malpractice-Will Continuous Treatment Extend Time To File Suit?

By Gerry Oginski

The Brooklyn Daily Eagle reports today on an Appellate Division, 2nd Department decision involving whether continuous treatment applies to extend the time to file a lawsuit.

The case involved a woman who kept returning to a municipal clinic to get her yearly mammograms. Once noting there was an abnormality, the doctor kept telling her to return each year to get the suspicious area checked.

The radiologist who was evaluating the suspicious area would compare each new mammogram to the ones taken in prior years.

"Another mammogram was performed in 1999 and defendant George Braff, the radiologist, observed ?a calcified fibroadenoma in the left breast.? He recommended a ?[f]ollow-up? in a year. After a 2000 mammogram, Dr. Braff reported a ?Stable pattern. Calcifying fibroadenoma.? He recommended a follow-up in a year.

In 2001 and 2002, two more mammograms were performed and Braff, comparing them to the prior exams, observed ?no significant interval change.? He recommended a ?1 year screening mammogram.? In a 2003 mammogram the radiologist observed ?a 3 cm irregular mass ? in the left breast? that was larger than in previous exams. A biopsy showed an ?invasive ductal carcinoma.?

The trial level court dismissed the case on a motion for summary judgment. On appeal the Appellate Court disagreed with the trial judge, and reinstated the complaint against the New York City Health and Hospitals Corporation. The Appeals court felt that there was a "Question of Fact" that a jury should be allowed to evaluate to determine whether there was in fact 'continuous treatment' and observation of this abnormal mammogram finding.

Full post as published by New York Medical Malpractice Blog on May 21, 2008 (boomark / email).