Latisha S. Castillo v. Emergency Medicine Associates, P.A., and John/jane Doe, Md Prince William Hospital

The majority holds that Castillo was not entitled, as a matter of law, to invoke the continuous treatment doctrine to toll Virginia’s two year statute of limitations for medical malpractice causes of action. I respectfully dissent from this holding for two reasons. First, I believe that Merritt v. Clark, 40 Va. Cir. 13 (1995), 1995 WL 17015552, at *1, the case upon which the majority relies to reach this holding, is factually distinguishable and thus inapplicable. Second, I believe, as will be discussed below, that Castillo did in fact receive continuous treatment from EMA and was thus entitled…