“Continuous Treatment”

The period of time during which you are receiving treatment from a doctor for one particular condition.

The idea behind the concept of Continuous Treatment is that while a doctor is treating you for a particular condition, and malpractice occurs, you are not required to start an action against that doctor for malpractice. The law does not want the possibility of a lawsuit to interfere with the medical treatment you might receive from the doctor. As an example, you are treated by an orthopedist for a broken wrist which first requires surgery (during which the orthopedist commits malpractice), followed by a second surgery two months later, a cast for six to eight weeks and finally physical therapy for three or four months during which time, the Orthopedist sees you to check on the healing progress. This covers a period of 7-8 months. The Statute of Limitations does not begin to run until the doctor sees you for the last time and discharges you from his care.

Knowing exactly when the Continuous Treatment doctrine will apply requires a careful analysis and is often look at on a case by case basis. If you are being treated by a doctor for more than one condition, the continued treatment for the second condition does not stop the Statute of Limitations. (The idea of not starting a lawsuit while you are in a continuous realtionship may also apply to other professional realtionships.) So if you are being treated by a doctor and believe that you are the victim of malpractice, you should immediately contact an attorney  in your neighborhood.

‘Til next time,
      Turning legalese into legal ease,
      Lewis

All contents copyright Lewis A. Bartell except where indicated. A blog is not legal advice and is not intended to substitute for consultation with a lawyer licensed in your jurisdiction.