In June, Judge Robert Ervin granted Directed Verdict in favor of our physician client on the basis that the Continuing Course of Treatment Doctrine did not apply to toll the statute of limitations. Specifically, the Plaintiff’s expert did not present evidence that the defendant doctor could have taken any action at subsequent encounters to remedy the alleged earlier negligence. Therefore, the statute of limitation was not tolled, and the action was not timely filed. Although Judge Ervin did not agree with the controlling case law, he felt bound by it and reluctantly granted our motion.
Submitted by Scott Addison, Lincoln Derr
