Kentucky Supreme Court says med-mal claim is not time-barred

The statute of limitations on a medical malpractice claim was tolled while the plaintiff remained under her doctor's continuous care, the Kentucky Supreme Court has ruled.

The plaintiff, who had received breast implants, underwent breast lift surgery at the hands of the defendant. Within

The plaintiff remained in the defendant's care for three years. During this time, she had consultations with three other doctors to explore additional treatment options, but was told by each to give the healing process more time and to remain in the defendant's care.

Finally, more than three years after the original surgery but within one year of the plaintiff's last appointment with the defendant, she filed a medical malpractice suit.

The trial court entered judgment for the defendant, finding that the claim was time-barred.