Parr v. RosenthalAnnotate this Case
In this case the Supreme Judicial Court recognized the “continuing treatment doctrine” under Massachusetts law, which provides that a medical malpractice cause of action does not accrue while a patient is continuing to receive treatment for the same or related condition from the same physician who allegedly caused the patient harm. Here Plaintiffs, on behalf of their minor son, brought a medical malpractice action against Defendant-physician for his alleged negligence in connection with a “radio frequency ablation” procedure he performed on their son that eventually resulted in the amputation of the child’s leg. The jury rendered a verdict in favor of Defendant, finding that the action was barred by the relevant statute of limitations because Plaintiffs knew or reasonably should have known that their son had been harmed by the Defendant’s conduct more than three years before Plaintiffs filed the action. On appeal, the Supreme Judicial Court adopted the continuing treatment exception to the discovery rule and then affirmed, holding that, because Defendant’s participation in treating the child ended more than three years before the suit was filed, the cause of action was not timely under the statute of limitations.