Colonresto v. Good Samaritan Hospital

Eiber, J.,

concurs in part and dissents in part and votes to affirm the order appealed from, in the following memorandum in which Thompson, J. P., concurs. This appeal presents an attempt by the plaintiffs to salvage a medical malpractice action against a physician by invoking the continuous treatment doctrine to toll the Statute of Limitations.

The present record discloses that the plaintiff Hilda Colonresto consulted with the defendant, Dr. Juan Carlos Pellín, on February 16, 1982. Dr. Pellín, who is not a surgeon, concluded that the patient was in need of surgery and, therefore, immediately…