109 Ohio App. 3d 855 - Klein v. Biscup’s Empirical Analysis

Citation profile

3 federal appellate · 15 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “the decision ... is a matter of medical judgment, not of regulatory approval”

   2 later decisions quote this exact passage
   e.g. 714 So. 2d 652 - Alvarez v. Smith · 346 N.J. Super. 256 - Blazoski v. Cook

2. ““The Supreme Court of Ohio established the tort of informed consent in Nickell v. Gonzalez (1985), 17 Ohio St.3d 136 , 17 OBR 281, 477 N.E.2d 1145 , and defined the elements in the syllabus: “ ‘The tort of lack of informed consent is established when: “ ‘(a) The physician fails to disclose to the patient and discuss the material risks and dangers inherently and potentially involved with respect to the proposed therapy, if any; “ ‘(b) the unrevealed risks and dangers which should have been disclosed by the physician actually materialize and are the proximate cause of the injury to the patient; and “ ‘(c) a reasonable person in the position of the patient would have decided against the therapy had the material risks and dangers inherent and incidental to treatment been disclosed to him or her prior to the therapy.’ ””

   1 later decision quote this exact passage
   e.g. 136 Ohio App. 3d 244 - Stewart v. Cleveland Clinic Foundation

3. “`[o]nce a product has been approved for marketing, a physician may prescribe it for uses or in treatment regimens or patient populations that are not included in approved labeling.'”

   1 later decision quote this exact passage
   e.g. 714 So. 2d 652 - Alvarez v. Smith