Cape Cod Injury Lawyer Blog
In Parr v. Rosenthal, the plaintiff filed suit against his physician after a radio frequency ablation (RFA) procedure on the plaintiff’s minor son’s leg. According to the plaintiff’s complaint, the procedure resulted in severe burning of the child’s leg, ultimately requiring amputation of the limb.
After a trial on the matter, the jury concluded that the plaintiff failed to file his action on behalf of his son within Massachusetts’ three-year statute of limitations for medical malpractice claims. As a result, the jury did not discuss whether or not the defendant doctor had treated the son negligently. The plaintiff appealed. According to the plaintiff, the trial court failed to instruct the jury regarding the “continuing treatment doctrine.”
According to the plaintiff, the trial court failed to instruct the jury regarding the “continuing treatment doctrine.” In reviewing this contention, the Massachusetts Supreme Judicial Court first noted that this doctrine had not before been recognized in Massachusetts. The appellate court took the occasion to expressly recognize the doctrine and applied it to the plaintiff’s claim. This doctrine states that in a medical malpractice case, the statute of limitations does not start to run while the plaintiff and his or her doctor continue their relationship, and the doctor continues to render medical treatment to the plaintiff for the same condition or a related condition.