| The elderly woman screamed into the phone, "I'm | | | | her treatment was beyond 2 1/2 years, there |
| telling you I have a good case," she said. I literally | | | | was no way I could help her. She said she heard |
| had to hold the phone a foot away from my ear | | | | about something called "Continuous treatment" |
| as her voice was excruciatingly loud. "What | | | | that would extend the time to file a lawsuit. I |
| makes you believe you have a valid medical | | | | explained that there is a legal concept known as |
| malpractice case?" I asked. She proceeded to tell | | | | the "Continuous treatment doctrine" which says |
| me about how her doctor had done something | | | | that if you are being treated by the same doctor, |
| terrible- horrible in fact. "It was inexcusable," she | | | | for the same condition and complaint that you |
| proclaimed. | | | | originally went to him for, in some LIMITED |
| "I understand that...but what permanent injury did | | | | circumstances, we might be able to show that |
| you suffer as a result of this awful treatment?" I | | | | the treatment was continuous and ongoing and |
| replied. | | | | might be able to extend the time for you to file a |
| I was met with silence. "Hello? Are you still there?" | | | | lawsuit. However, I quickly added, that each case |
| I asked. "Yes, I am," she answered, "But I don't | | | | is "fact-specific" and I would need to look at |
| have any injury," was her answer. | | | | every page of every document, and have it |
| "In that case, it doesn't sound like you have a | | | | reviewed by a medical expert to determine if |
| valid basis to proceed forward with a medical | | | | there is a valid basis to claim continuous |
| malpractice case in New York," I responded. Her | | | | treatment. |
| reply sounded like her fingernails were being | | | | I also mentioned that if this doctor was part of a |
| physically pulled out from her fingers, "I'M | | | | municipal hospital or municipal clinic, she'd have only |
| TELLING YOU I HAVE A GOOD CASE...THE | | | | 90 days from the date of the malpractice to file |
| DOCTOR DIDN'T KNOW WHAT HE WAS | | | | a claim against the municipal agency responsible |
| DOING!!" | | | | for that hospital or clinic. Then she'd have only 1 |
| I calmly asked this potential client how long she | | | | year and 90 days to file a lawsuit from the date |
| had been practicing law. Her response was "I don't | | | | of the malpractice. |
| need to be a lawyer to tell you I have a good | | | | The bottom line was that without any injury, |
| case." (How's that for an answer?) | | | | there was no case. Despite her screaming and |
| I also asked her when all this wrongdoing took | | | | strident insistence that she had a good case, she |
| place. Her answer was "Five years ago." I again, | | | | still wouldn't accept my rational explanation. I only |
| calmly told her that the time limit to bring a case | | | | hope she encounters another attorney who is |
| in New York for medical malpractice cases is only | | | | just as patient and understanding as I was during |
| 2 1/2 years from the date of the malpractice. If | | | | this call. |