Devadas v. Niksarli

The majority affirms the judgment for plaintiff Johnson Devadas in this medical malpractice action based on its holding that a factual question was presented at trial as to whether the “continuous treatment” doctrine tolled the running of the statute of limitations from May 19, 2004, the date of plaintiffs last immediate postoperative consultation with defendant Kevin Niksarli, M.D., until February 21, 2007, the date of plaintiffs last consultation with defendant before he commenced this ac*1011tion.1 The majority reaches this result even though it is undisputed that, following defendant’s…