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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. “

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