Does the continuous treatment of a patient extend the statute of limitations in a medical malpractice case?

MultiRegion, United States of America

The following excerpt is from Outman v. U.S., 890 F.2d 1050 (9th Cir. 1989):

Appellant's assertion that his claim did not accrue until the drug treatment ceased in 1982 is not persuasive. In Ashley v. United States, 413 F.2d 490, 492 (9th Cir.1969), this court held that the continuous-treatment doctrine was not available to toll the statute of limitations in medical malpractice cases under the FTCA where the plaintiff knows of the acts constituting the negligence. In the present case, the trial court correctly found that the Outmans were clearly aware of the acts constituting the negligence in 1977.

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