Wojtkiewicz v. Middlesex Hospital
In the 2004 case of Rosato v. Mascardo, the Appellate Court expressly stated that the continuing treatment doctrine does not apply to the discovery portion of Connecticut General Statutes §52-584, which "requires a plaintiff to bring an action within two years from the date when the injury is first sustained or discovered or in the exercise of reasonable care should have been discovered." Sally Wojtkiewicz commenced this action against the Middlesex Hospital on Oct. 29, 2008, alleging that she fell from a hospital bed and was injured on May 28, 2006, as a result of the defendant's negligence. She claimed that she was continually treated by the defendant until she initiated this action. The trial court, relying on Rosato, granted the defendant's motion for summary judgment finding that the plaintiff's claim was barred by the statute of limitations in C.G.S §52-584. The plaintiff appealed. The Appellate Court affirmed the judgment agreeing with the trial court that the case was controlled by Rosato's holding and rationale. It was undisputed that the plaintiff became aware of, and thus discovered, her injuries on May 28, 2006, when she fell from the bed. In Rosato, the Appellate Court expressly stated that the continuing treatment doctrine does not apply to the discovery portion of C.G.S. §52-584 and "[o]nce the plaintiff has discovered her injury, the statute begins to run." Because the statute was not tolled, the plaintiff was required to commence her action by May 28, 2008, to comply with C.G.S. §52-584. The undisputed facts revealed that she did not serve the defendant until Oct. 29, 2008. Consequently, her action was untimely by approximately five months.