LITIGATION'S BOILING POINT?

In May 2003, Dr. Stanley Fox prescribed Gentamicin to Carolyn Boyle to treat a heart condition known as endocarditis, but the medication caused Boyle to develop inner ear damage which affected her vision and balance and gave her headaches. Boyle later sued Fox for the medication's "negligent administration and monitoring."

When the Delaware County Supreme Court granted Fox's motion to dismiss the case and rejected Boyle's argument that the statute of limitations was tolled because of the "continuing treatment doctrine," she appealed to the Appellate Division, Third Department.

The AD3 noted that neither the parties' "general medical relationship" nor a "routine examination" was enough to invoke the doctrine's application.

Because Boyle continued to visit Fox for reasons other than the original heart condition, she did not have a "continuous course of treatment" and needed to have started her case within a 2 1/2 year window. Failing that, Fox avoided getting Boyled.

To download a copy of the Appellate Division's decision, please use this link: Boyle v. Fox