Fridena v. Evans’s Empirical Analysis
1980
Citation profile
4 district · 67 state decisions
How this case has been cited
Cited by 73 later decisions — most recently July 2018 · most notably Thompson v. Nason Hospital (1991), St. Luke's Episcopal Hospital v. Agbor (1997)
4 district · 67 state decisions — followed in 14 states
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on 18 Ariz. App. 75 - Purcell v. Zimbelman · Murillo v. Hernandez · Tucson Medical Center, Incorporated v. Misevch · Adroit Supply Co. v. Electric Mutual Liability Insurance · Creamer v. Troiano
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 73 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"The witness, Dr. Warren Colton, Jr., testified that he was a medical doctor (M.D.) and an orthopedic surgeon. Dr. Fridena was a doctor of osteopathy (D.O.) and an orthopedic surgeon. Appellants objected to Dr. Colton's testimony on the standard of care applicable to the case because he had received no osteopathic training and he did not know the osteopathic surgeon's standards of training methods. Dr. Colton did, however, testify that he was familiar with the standard of care of practice in the community with respect to orthopedic surgery and that to a reasonable medical probability, the decision and recommendation to do the type of surgical procedure involved fell below the standard of care. "In essence the issue is whether the court erred in allowing one orthopedic surgeon to testify as to the standard of care applicable to another orthopedic surgeon, where one was trained as a medical physician and the other as an osteopathic physician. "Historically, it has been held that a member of one `school' of medicine is not competent to testify against a member of another school. See annot., 85 A.L.R.2d 1022 (1962). This rule has been eroded in a number of ways, and it has been held that where standards of different schools are or should be the same with respect to a particular condition, experts from such schools should be fungible in terms of their competency to testify regarding those specific standards. See Musachia v. Terry , 140 So.2d 605 (Fla.App. 1962). Here, there has no”
2 later decisions quote this exact passage“There is a well established rule in the law of agency that a corporation is bound by the knowledge acquired by, or notice given to, its agents or officers which is within the scope of their authority and which is in reference to a matter to which their authority extends. This rule is based on a conclusive presumption that the agent will communicate to the corporation whatever knowledge or notice he receives in relation to his agency which is necessary for the protection of the interests of the corporation.”
2 later decisions quote this exact passage“the emerging trend is to hold the hospital responsible when the hospital has failed to monitor and review services being provided within its wall.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.