In The News

News - 2015

Aug. 2015

MLW quotes Jeffrey Catalano on court ruling expanding deadline to file med-mal lawsuit

Jeffrey N. Catalano was quoted in the Aug. 17, 2015 issue of Massachusetts Lawyers Weekly concerning an appellate ruling that expands the deadline for filing a medical malpractice lawsuit.

The Massachusetts Appeals Court ruled that the "continuing treatment doctrine" – which tolls the statute of limitations while a patient remains under the continuous care of a medical professional – applies to the state's three-year deadline for filing a medical malpractice suit.

The court allowed the parents of a boy to sue on their son's behalf for the alleged negligent amputation of his leg resulting from the removal of a tumor. The same medical group continued to treat their son after the procedure.

"This is actually a win-win for the medical profession, for patients and for the legal profession," Mr. Catalano told the publication. "From a legal perspective, the patient hasn't lost the right to bring an action even if they continue to treat with a physician. And doctors should feel this is the right decision because they're the ones invested in trying to fix the problem. If they have the opportunity to fix the problem after the mistake occurs, they're limiting their exposure in a potential malpractice claim."

Mr. Catalano concentrates his practice on personal injury law, including representing patients in medical malpractice claims. He is a member of the Massachusetts Alliance for Communication and Resolution Following Medical Injury, and also serves on the Board of Advisers of the National Patient Safety Foundation.