Cyr v. Giesen’s Empirical Analysis

Citation profile

12 federal appellate · 14 district · 38 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 66 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““concerns such technical and involved medical procedure that it rules out any possibility of understanding on the part of a layman as to its medical nature and it is therefore self evident that this is not a case falling within the exception of the general rule relating to expert medical testimony in malpractice cases.””

   2 later decisions quote this exact passage
   e.g. Caron v. Pratt · Downer v. Veilleux

2. “‘The measure of a physician’s legal responsibility has been stated many times by this court. He contracts with his patient that he has the ordinary skill of members of his profession in like situation, that he will exercise ordinary or reasonable care and diligence in his treatment of the case, and that he will use his best judgment in the application of his skill to the case. * * * The physician is not an insurer. He does not warrant favorable results. If he possesses ordinary skill, uses ordinary care, and applies his best judgment, he is not liable even for mistakes in judgment. Medical science is not yet, and probably never can be, in many respects, an exact, certain science.’ * * * ‘The rule of liability is not a hard one, it is a reasonable one. And the burden is on the plaintiff to show a malpractice.’ ” Cyr et al. v. Giesen, supra, at 255 , 108 A.2d at 320 .”

   1 later decision quote this exact passage
   e.g. Aronson v. Perkins

3. “`the negligence and harmful results are sufficiently obvious as to lie within common knowledge,'”

   1 later decision quote this exact passage
   e.g. Heinrich v. Sweet H H Md