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← 154 Mont. 346 - Doerr Ex Rel. Doerr v. Movius

Doerr Ex Rel. Doerr v. Movius’s Empirical Analysis

1970

Citation profile

10
cited by 10 later decisions
2
states following
February 1998
most recently cited

10 state decisions

Relationships

Relies on Hunt v. Bradshaw · Corn v. French · Schumacher v. Murray Hospital · Dunn v. Beck · Bakewell v. Kahle

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

  1. ““The general rule on informed consent was set-forth by this Court in Negaard v. Estate of Feda, 152 Mont. 47 , 446 P.2d 436 , 25 St.Rep. 632 . The duty to disclose to assure that an informed consent is obtained was recognized and described as a matter of medical judgment. This duty to disclose was limited to those disclosures which a reasonable practitioner would make under similar circumstances. If the doctor obtained an informed consent and proceeded as a competent medical man would in a similar situation, his course of action should not be questioned. “ ‘The gist of the “informed consent” theory of liability is that a physician is under a duty under some circumstances to warn his patient of known risks of proposed treatment so that the patient will be in a position to make an intelligent decision as to whether he will submit to such treatment.’ ” (Emphasis added.)”
    2 later decisions quote this exact passage · from the majority

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.