The Wolfes filed a petition alleging negligent post-operative care of Frank Wolfe. The defendant filed a motion for partial summary judgment arguing that all claims of medical negligence occurred before July 16, 2019, more than two years before the petition was filed. As such, the defendant argued that the claims were barred by the statute of limitations. The Wolfes argued that the common law continuing care doctrine tolled the commencement of the statute of limitations on claims of negligence. The circuit court granted the defendant’s motion for partial summary judgment after which the Wolfes voluntarily dismissed their remaining claims. The Wolfes appealed.
Background Facts
Frank Wolfe filed a petition for damages on July 16, 2021, against Dr. Walker and SSM asserting negligence and loss of consortium as a result of the negligent performance of medical services. Wolfe alleged specific acts of negligence related to Dr. Walker’s care from February 13, 2019, until March 13, 2019, (when Wolfe was released from Dr. Walker’s care related to the CABG surgery). And Wolfe alleged specific acts of negligence relating to Dr. Walker’s care on July 26, 2019, and August 8, 2019, after Wolfe reported injuring himself using a lawnmower. Dr. Walker and SSM filed an
answer to Wolfe’s petition on August 17, 2021, asserting, among other affirmative defenses, that Wolfe’s claims of medical negligence were time-barred by the two-year statute of limitations set forth in section 516.105.
Continuing Care Doctrine
The continuing care exception is a defense to the defense of the statute of limitations and operates to toll the commencement of the statute of limitations so long as a physician’s treatment is continuing and of such a nature as to charge the physician with the duty of continuing care and treatment which is essential to recovery. Under the continuing care doctrine, the patient, in the face of a short statute of limitations, is not forced to choose between interrupting a course of treatment by suing their physician or losing their cause of action. The duty to attend the patient continues and, therefore, the statute of limitations is tolled so long as required unless the physician-patient relationship is ended by (1) the mutual consent of the parties, (2) the physician’s withdrawal after reasonable notice, (3) the dismissal of the physician by the patient, or (4) the cessation of the necessity that gave rise to the relationship.
Continuing care only exists if a patient is actually receiving continuing treatment from the health-care provider for the condition on which the claim of negligence is based. Continuing care is not established merely because the patient later requires treatment for complications arising from the health-care provider’s negligence, or because the health-care provider knew, or should have known, of the patient’s need for further treatment.
The Missouri Court of Appeals, Western District stated in its April 29, 2025 Opinion: “The CT scan Dr. Walker ordered on August 7, 2019, to investigate pain and discomfort Wolfe reported after attempting to start his lawnmower does not negate the uncontroverted fact that the physician-patient relationship related to Wolfe’s CABG surgery was terminated on March 13, 2019, because the necessity for continued care had ended for the condition giving rise to the creation of the relationship … Wolfe’s surprise visit to Dr. Walker’s office on July 26, 2017, and Dr. Walker’s subsequent decision to order a CT scan on August 7, 2019, represent classic examples of (at best) care for later discovered complications. That conclusion is especially compelling here where the uncontroverted evidence establishes that Wolfe contacted Dr. Walker’s office on July 26, 2019, after experiencing pain when attempting to start his lawnmower. The trial court’s grant of summary judgment in favor of Dr. Walker and SSM on the basis that the statute of limitations had run on Wolfe’s medical negligence claims predating July 16, 2019, was not legally erroneous.”
Source Wolfe v. Walker, WD87357.
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