Morrison Mahoney Partner Brian Heermance and Associate Namita Mehta recently obtained a judgment dismissing a complaint upon a pre-answer motion in a dental malpractice action.
The plaintiff filed the Summons and Complaint after the expiration of the statute of limitations and argued that the continuous treatment doctrine applied, tolling the statute of limitations until the plaintiff’s dental treatment was completed. The Court agreed with the defendant that the continuous treatment doctrine did not apply and that the insured’s liability ended when she left the dental practice more than two years before being served with the Summons and Complaint.
