John Adams Courthouse, home of the Massachusetts Supreme Judicial Court and the Massachusetts Appeals Court. Photo: Swampyank via WikipediaState Court Considers If Physician Can Be Held Liable for Lack of Tests, Treatment
"We said that was a continuing stream of treatment and, therefore, the statute of repose applied. But here, we don't have that. We don't have a continuous stream of treatment, we have a lack of treatment. We have plenty of visits in which the doctor doesn't perform the initial test, and I think that's the crux of the theory of negligence," Massachusetts Associate Justice Gabrielle R. Wolohojian said during oral arguments before the state high court.
December 05, 2024 at 03:07 PM
4 minute read
If a primary care physician failed to run cardiac testing following a patient's abnormal electrocardiogram results in 2006, can the physician be held liable for failing to test for cardiac disease over the next decade?
The question is pending before the Massachusetts Supreme Judicial Court, which heard oral arguments in Bellmar v. Moore. The parties dispute whether negligence and wrongful-death claims brought in 2017 are time-barred by the 2006 test results, or if the primary care physician could be held liable for failing to take other preventative health measures during subsequent visits through 2015.
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