Gilbert v. Bartel’s Empirical Analysis
2004
Citation profile
2 federal appellate · 2 state decisions
Relationships
Relies on City of Houston v. Clear Creek Basin Authority · Great American Reserve Insurance Co. v. San Antonio Plumbing Supply Co. · KPMG Peat Marwick v. Harrison County Housing Finance Corp. · Rhone-Poulenc, Inc. v. Steel · Southwestern Electric Power Co. v. Grant
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[Fraudulent concealment in medical negligence cases estops a health-care provider from relying on limitations to bar a plaintiff’s claim. The plaintiff must show the health-care provider actually knew a wrong occurred, had a fixed purpose to conceal the wrong, and did conceal the wrong from the patient. Fraudulent concealment tolls limitations until the plaintiff discovers the fraud or could have discovered the fraud with reasonable diligence.”
2 later decisions quote this exact passage“The purpose of statutory provisions for measuring a medical malpractice limitations period from the last date of treatment or hospitalization is to aid a plaintiff who was injured during a period of hospitalization or course of medical treatment, but who has difficulty ascertaining the precise date of the injury; in such situations, doubts about the time the cause of action accrued are resolved in the plaintiff’s favor by using the last date of treatment or hospitalization as a proxy for the actual date of the tort.”
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.