Gross v. Burt’s Empirical Analysis

Citation profile

1 district · 10 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) The extent to which the theory has been or can be tested; (2) The extent to which the technique relies upon subjective interpretation of the expert; (3) Whether the theory has been subjected to peer review and publication; (4) The technique’s potential rate of error; (5) Whether the underlying theory or technique has been generally accepted as valid by the relevant scientific community; and (6) The non-judicial uses that have been made of the theory or technique.”

   2 later decisions quote this exact passage · from the dissent
   e.g. Kevin Glenn Schronk, Individually and as Representative of the Estate of Helen Patricia Schronk, and Dustin Schronk v. Laerdal Medical Corporation · Scott's Marina at Lake Grapevine Ltd. v. Brown

2. “It is only with a physician’s consent, whether express or implied, that the doctor-patient relationship comes into being. Thus we agree with those cases that hold that the duty to treat the patient with proper professional skill flows from the consensual relationship between the patient and physician, and only when that relationship exists can there be a breach of a duty resulting in medical malpractice.... Creation of the physician-patient relationship does not require the formalities of a contract.”

   1 later decision quote this exact passage · from the dissent
   e.g. Stutes v. Samuelson