Court Rules the New York Continuous Treatment Doctrine Does Not Toll the Statute of Limitations for the Failure to Diagnose

Medical malpractice cases, like any civil lawsuit, must be pursued within the time frame established by the statute of limitations. While the courts strictly construe the statute of limitations for pursuing a medical malpractice claim in New York, there are certain circumstances that allow a plaintiff to toll the statutory period, such as the continuous treatment doctrine. The United States District Court for the Northern District of New York recently held the continuous treatment doctrine does not toll the statute of limitations for a failure to diagnose, in a case in which the plaintiff who was harmed by his doctor’s failure to diagnose and treat his kidney cancer in a timely manner sought leave to amend his complaint to add additional claims. If you sustained damages due to your physician’s failure to diagnose or treat your illness, it is vital to recovery to meet with a proficient Syracuse medical malpractice attorney to discuss your case. The Plaintiff’s…

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