Continuous treatment suspends med-mal prescription

In Carter v. Haygood, the Louisiana Supreme Court recognizes a continuing-treatment rule that suspends the running of prescription in a medical-malpractice case. "[T]he continuing treatment rule would require a plaintiff to establish the existence of (1) a continuing treatment relationship with the physician, which is more than perfunctory, during which (2) the physician engaged in conduct which served to prevent the patient from availing herself of her cause of action, such as attempting to rectify an alleged act of malpractice."

Posted by RPW at January 20, 2005 09:47 PM