“We said that was a continuing stream of treatment and, therefore, the statute of repose applied. But here, we don’t have that. We don’t have a continuous stream of treatment, we have a lack of treatment. We have plenty of visits in which the doctor doesn’t perform the initial test, and I think that’s the crux of the theory of negligence,” Massachusetts Associate Justice Gabrielle R. Wolohojian said during oral arguments before the state high court.
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