RRD Obtains Dismissal for Ophthalmology Group

RRD Partner John F. Costa recently obtained summary judgment in favor of our client, an ophthalmology group, in a medical malpractice action. In his complaint, the plaintiff alleged that the defendants negligently failed to diagnose and treat glaucoma which ultimately led to one-eye blindness.

In his motion for summary judgment, Attorney Costa argued that it was uncontested that the plaintiff did not initiate suit within the statutorily prescribed limitations period. Although it was uncontested that the plaintiff’s last office visit was in December 2014, plaintiff argued that the action was timely because the defendants’ failure to provide a complete copy of his medical records in 2016 and 2017 constituted separate and distinct acts of professional negligence which tolled both the two year statute of limitations and the three year statute of repose.

In a 25 page decision, Judge Matthew Gordon agreed with the defendants and found that merely providing the plaintiff with periodic routine eye examinations did not indicate that the defendants were providing a continuing course of treatment at the time of the plaintiff’s last appointment. In addition, the court found that the plaintiff’s claim of failing to provide complete medical records was insufficient to defeat defendants’ motion because such an allegation would support, at best, a claim of ordinary negligence, but not a claim for medical malpractice.