James v. Buck’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"An action to recover damages for professional malpractice, or for an injury to the person, or for the death of one caused by the wrongful act or neglect of another" must be filed within two years of the date the cause of action accrued. I.C. § 5-219(4). Mack Financial v. Smith, 111 Idaho 8 , 720 P.2d 191, 193 (1986). Before a plaintiff can file a medical malpractice suit, however, he or she is required by statute to first file the claim with the State Board of Medicine, which then convenes a prelitigation panel. I.C. §§ 6-1001 and 6-1002. The prelitigation panel is composed of an attorney, a medical professional, and a lay person. I.C. § 6-1002. The purpose of the panel is to receive evidence concerning the plaintiff's claim, and at the close of the proceedings, "provide the parties its comments and observations with respect to the dispute... ." I.C. § 6-1004. The proceedings before the prelitigation panel are "informal": Proceedings conducted or maintained under the authority of this act shall at all times be confidential, privileged and immune from civil process and evidence of them or results, findings or determinations thereof shall be inadmissible in any civil or other action or proceeding by, against or between the parties thereto or any witness thereon. I.C. § 6-1001. While a malpractice claim is "pending" before a prelitigation panel and for thirty days after it renders its decision, the applicable statute of limitations is tolled. I.C. § 6-1005. During the time the ”

   2 later decisions quote this exact passage
   e.g. Moss v. Bjornson · Moss v. Bjornson

2. “It is a declaration of the legislature that appropriate measures are required in the public interest to assure that a liability insurance market be available to physicians and hospitals in this state and that the same be available at reasonable cost, thus assuring the availability of such health care providers for the provision of care to persons in this state. It is, therefore, further declared to be in the public interest to encourage nonlitigation resolution of claims against physicians and hospitals by providing for preliti-gation screening of such claims by a hearing panel as provided in this act. (emphasis added).”

   2 later decisions quote this exact passage
   e.g. Sullivan v. Allstate Insurance · Moss v. Bjornson