Post Content

On August 7, 2015, in Parr v. Rosenthal, the Appeals Court ruled that the “continuing treatment doctrine is applicable in Massachusetts,” tolling the statute of limitations in certain circumstances.

The court stated, “in the medical malpractice context there is a compelling reason to continue to protect the physician-patient relationship even after the plaintiff arguably has actual knowledge [of the injury].  The patient could in “good faith . . . know[] that the physician has rendered poor treatment, but continue[] treatment in an effort to allow the physician to correct any consequences of the poor treatment.”  ”

“The [three-year] statute of limitations shall be tolled on a medical malpractice claim so long as the plaintiff receives continuing treatment for the same injury or illness allegedly caused by the original treating physician, even if the plaintiff knew or should have known of the injury and its cause, subject to the [seven-year] limit of the statute of repose. “

Written By:

Tags: ,

Recent Posts

Real Estate Recording Fees to be Increased posted on Dec 10

Under Massachusetts General Laws chapter 44B section 8,  real property conveyance documents recorded at the Registry of Deeds are subject to a Community Preservation Act surcharge.  This law was amended by chapter 41 sections 29 and 30 of the Acts of 2019.  Effective December 31,   …Continue Reading Real Estate Recording Fees to be Increased

Portraits in Massachusetts Law: Lucy Stone posted on Nov 13

Portraits in Massachusetts Law: Lucy Stone

Portraits in Massachusetts Law is a regular feature of Massachusetts Law Updates. These pages provide links to biographical information abut people who have been particularly important in legal history in Massachusetts, as our government took shape in the cauldron of the American Revolution and grew and changed throughout   …Continue Reading Portraits in Massachusetts Law: Lucy Stone

Word(s) of the month – suffrage posted on Nov 1

Word(s) of the month - suffrage

Words of law is a regular feature of Massachusetts Law Updates, highlighting a particular word or phrase and its meaning in law. Today’s word is suffrage. suffrage (sәf-rji). (14c) 1. the right or privilege of casting a vote at a public election. – Also termed right to vote.   …Continue Reading Word(s) of the month – suffrage