165 N.C. App. 708 - Barham v. Hawk’s Empirical Analysis
2004
Citation profile
20
cited by 20 later decisions
1
states following
April 2013
most recently cited
20 state decisions
Relationships
Relies on Gerrow v. United States · State v. Grooms · Gibbs v. Carolina Power & Light Company · 153 N.C. App. 618 - Coffman v. Roberson · State v. Jones
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.
“In any action for damages for personal injury or death arising out of the furnishing or the failure to furnish professional services in the performance of medical, dental, or other health care, the defendant shall not be liable for the payment of damages unless the trier of the facts is satisfied by the greater weight of the evidence that the care of such health care provider was not in accordance with the standards of practice among members of the same health care profession with similar training and experience situated in the same or similar communities at the time of the alleged act giving rise to the cause of action.”
1 later decision quote this exact passage“`when that physician is familiar with the experience and training of the defendant, and either: (1) the physician is familiar with the standard of care in the defendant's community, or (2) the physician is familiar with the medical resources available in the defendant's community and is familiar with the standard of care in other communities having access to similar resources.'”
1 later decision quote this exact passage · from the majority“[O]nce a plaintiff files a voluntary dismissal under Rule 41(a)(1) of the North Carolina Rules of Civil Procedure, it is as if the suit had never been filed. The refiling of the case within the one-year time limit of the rule begins the case anew for all purposes.”
1 later decision 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.