First Department Finds Case Not Time-Barred Because of Continuous Treatment

In the case of Lewis v. Rutkovsky, the First Department was asked to review the continuous treatment doctrine as it applied to a patient who brought a lawsuit against her primary care physician.  The plaintiff alleged that her primary care physician failed to detect, diagnose, and treat her brain tumor.  As a result of the doctor’s failure to diagnose, the plaintiff underwent brain surgery that left her legally blind.  The First Department reviewed the continuous treatment doctrine in determining whether or not the lawsuit should be time-barred.

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