17 Mass. L. Rptr. 187 - Hull v. Foley’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “the Supreme Judicial Court has also recognized that “[w]hile physicians exercise independent judgment, a physician can still be deemed a servant where the principal controls the details of the physician’s activities.” McNamara v. Honeyman, 406 Mass. 43, 48 (1989), relying on Kelly v. Rossi, 395 Mass. 659, 662 (1985) . . . [T]he central question is whether the public employer “directs and controls the physician’s treatment of the patient.” Williams, 413 Mass. at 400 . . . [I]n order for the immunity doctrine to apply, it is not necessary that the public employer supervise or direct each discrete act performed by the public employee physician. Rather, the test is whether the defendant physician is subject to the direction and control of his or her employer in carrying out the duties that give rise to the claim of negligence.”

   1 later decision quote this exact passage
   e.g. 18 Mass. L. Rptr. 223 - Litchfield v. Bayley