134 W. Va. 806 - White v. Moore’s Empirical Analysis

Citation profile

16 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. ““2. In an action for damages against a physician, for negligence and want of skill in the treatment of an injury or disease, the burden is on the plaintiff to prove such negligence or want of skill, resulting in injury to the plaintiff. “3. A physician is not required to exercise the highest degree of skill and diligence possible, in the treatment of an injury or disease, unless he has by special contract agreed to do so. In the absence of such special contract, he is only required to exercise such reasonable and ordinary skill and diligence as are ordinarily exercised by the average of the members of the profession in good standing, in similar localities and in the same general line of practice, regard being had to the state of medical science at the time. “4. A physician does not warrant or insure that his treatment will be successful, in the absence of special contract to that effect. “5. Failure on the part of a physician to effect a cure does not, alone, establish, or raise a presumption of, want of skill, or negligence, on his part.””

   1 later decision quote this exact passage
   e.g. 149 W. Va. 400 - Schroeder v. Adkins