GI Associates of Delaware v. Anderson

Summary

The court held that the continuous negligent medical treatment doctrine did not apply because the only alleged negligent act was the 2011 advice, while the 2016 colonoscopy involved no alleged negligence. The court also held that the statute does not require the date of negligence and the date of injury to coincide as a matter of law, particularly where the record supports a later occurrence of injury. The judgment was reversed and remanded for the Superior Court to determine factually when the injury occurred and then apply the statutory limitations period; the constitutional arguments were not reached because they were not ripe.