Lapse in Treatment Leads to Case Dismissal


Partner Katherin Crossling, Esq. successfully moved for summary judgment on behalf of a prominent New York City hospital, arguing that the plaintiff had a 2.5 year gap in medical care for an abscess and could not establish a continuous course of treatment. 


After extensive questioning at his deposition, plaintiff admitted that after he was first treated at the hospital for his abscess, even though he continued to have symptoms, he did not return for more treatment for 2.5 years.  When he finally sought additional care, it was with a hospital affiliated physician who had been recommended by a friend and who was not involved in the original treatment.  New York Supreme Court Judge Martin Shulman agreed with the defendant that this was not sufficient to constitute a continuous course of treatment for purposes of tolling the statute of limitations.  The case was dismissed in its entirety as time-barred.