Jenkins v. Dyess

| j CARAWAY, J.

We granted supervisory writs to review the trial court’s denial of the defendant-physician’s exception of prescription. Af*723ter a mammogram was taken in 1992 revealing the need to biopsy a lump in plaintiffs breast, the defendant did not relate the need for the biopsy to plaintiff. Later, after more than three years passed with no further treatment by the doctor, plaintiff was diagnosed with breast cancer and filed this action in 1997. The trial court found the continuing tort doctrine applicable to this case and denied the exception. For the following reasons, we reverse and…