We are all familiar with the "continuous treatment doctrine" in medical malpractice cases. Generally, if you are under the care of the same physician, for the same injury/condition without "excessive gaps in treatment", you may be able to toll/extend the statute of limitations period.
Well, the Appellate Courts have continued to "water down " this doctrine. Another published decision in this past's week Law Journal did just that. We know that in any case where there is the potential application of "the doctrine", you will most likely be met with a summary judgment motion.
Two suggestions;
1. Get full records before you agree to take a case and
2. MAKE SURE if you agree to prosceute a case with "a potential statute of limitations defense", you advise the client[with their acknowledgment ] in writing from the inception.
Remember, protect yourself at all times.
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