Lohnas v. Luzi

WILSON, J. (dissenting).

The majority has confused "continuous treatment" with a chronic condition, effectively reading "continuous" out of the statute of limitations without regard for the plain meaning of the word or the legislature's intent. Accordingly, I dissent.

In Borgia v. City of New York, 12 N.Y.2d 151, 237 N.Y.S.2d 319, 187 N.E.2d 777 (1962), we announced the original "continuous treatment" doctrine in medical malpractice cases. The plaintiff in Borgia, a child admittedly brain damaged by the negligence of a New York City hospital, was hospitalized continuously for more than 16…