In 1997, doctors discovered a suspicious "fibroadenoma" in Marie Cherise's breast and, after periodic mammograms, Dr. George Braff observed an irregular mass which was cancerous.
When Cherise and her husband filed suit against Dr. Braff and the hospital, claiming he had failed to timely diagnose the cancer, the defendants asked the court to dismiss the case as untimely or "time barred" because the case had been brought more than a year and 90 days from when the purported misconduct occurred.
After the Kings County Supreme Court granted that request, an appeal ensued.
The Appellate Division, Second Department, questioned whether the governing time limitation was impacted by something called a "continuous treatment doctrine." According to the AD2, that exception arises when a physician monitors "an abnormal condition."
Since Cherise was told by hospital doctors to return for annual checkups, the AD2 thought dismissal was premature since there were questions whether a "time-bar" applied in this particular case.
That called for fava beans and a nice Chianti, Cherise.
To download a copy of the Appellate Division's decision, please use this link: Cherise v. Braff