Medical Negligence & SOL: HARRISON V. VALENTI, M.D. (SCOKY; 3/23/2006)

HARRISON V. VALENTI, M.D.
TORTS – MEDICAL NEGLIGENCE (STATUTE OF LIMITATIONS and continuing treatment)
2004-SC-000015-DG.pdf
PUBLISHED
REVERSING AND REMANDING (LAMBERT)
DATE: 12/22/2005 MODIFIED 3/22/2006

This case arises from medical complications ensuing from breast lift surgery. The Appellant, Sharon Jo Ann Harrison filed a medical negligence claim against Dr. George Valentini who performed the lift surgery and administered follow-up care .  The trial court dismissed the action as time-barred and the Court of Appeals affirmed  with SCOKY granting discretionary review to consider whether the continuing treatment Appellant received from Appellee tolled the applicable statute of limitations, rendering her claim timely.

SCOKY applied the continuing treatment doctrine and reversed and remanded the case to the trial court for further proceedings.

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