continuous treatment

  • Read more: The Ill-Designed “Continuous Treatment” Rule for the Health Law of Massachusetts
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    The Ill-Designed “Continuous Treatment” Rule for the Health Law of Massachusetts

    By Alex Stein Under Massachusetts law, suits alleging medical malpractice in a treatment of a minor patient must be filed “within three years from the date the cause of action accrues.” G.L.c. 231, § 60D. In a recent case, Parr v. Rosenthal, 57 N.E.3d 947 (Mass. 2016), the Supreme Judicial Court of Massachusetts decided that a…

  • Read more: Medical Malpractice and the “Continuous Act” Exceptions to the Statute of Repose
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    Medical Malpractice and the “Continuous Act” Exceptions to the Statute of Repose

    By Alex Stein Cefaratti v. Aranow, — A.3d —- (Conn.App. 2014) is a textbook decision on the “continuous act” exceptions to the statute of repose. This decision of the Connecticut Appeals Court draws an important – but oft-missed – distinction between “continuous wrong” and “continuous treatment.” Back in 2003, the plaintiff underwent open gastric bypass surgery…