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Fay v. Conway Medical Center6/21/2000
Id. Recently, however, the court has clarified this doctrine, stating that " continuing tort is occasioned by unlawful acts, not the continuation of the ill effects of an original, wrongful act." Crump v. Sabine River Authority, 98-2326 (La. 6/29/99), 737 So.2d 720, 728.
In the present case, Mrs. Collum's treating physicians had not seen her for several years after the alleged malpractice; as such, there has been no continued chain of malpractice which would warrant the application of the continuing tort doctrine to this case. Her suffering, although lamentable, is simply "the continuation of the ill effects of an original, wrongful act," and a claim for such suffering is statutorily prescribed. Conclusion
For the reasons expressed herein, the judgment of the district court is AFFIRMED. Costs are assessed to Mrs. Collum.
AFFIRMED.
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