The court gave the following instruction. The statute of limitations for a medical malpractice suit is normally three years. That is to say that as long as plaintiff continues to be under the care of the defendant for the initial injury giving rise to the malpractice claim, no time is elapsing under the statute of limitation. Furthermore, it is not necessary that the treatment rendered subsequent to the initial treatment be negligent. And further that he saw no other doctor.
Defendant makes two arguments as to the propriety of the trial court's instructions.
First, defendant claims that the prescription given by the physician assistant on 12 August may not constitute a continuing course of treatment. The continuing course of treatment doctrine operates to toll the statute of limitations. The doctrine applies to situations where a doctor continues a particular course of treatment over a period of time. 38 N.C. App. Rather, the subsequent treatment must be related to the original act, omission or failure to act that gave rise to the original claim.