Nickell v. Gonzalez’s Empirical Analysis
1985
Citation profile
6 federal appellate · 177 state decisions
How this case has been cited
Cited by 189 later decisions — most recently October 2025 · most notably 97 Ohio App. 3d 217 - Miller v. Paulson (1994), Steele v. Hamilton County Community Mental Health Board (2000)
6 federal appellate · 177 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Posin v. A. B. C. Motor Court Hotel, Inc. · Bruni v. Tatsumi · Sard v. Hardy · 37 Ohio Misc. 95 - Congrove v. Holmes · 62 Ohio App. 2d 12 - Siegel v. Mt. Sinai Hospital
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 189 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The tort of lack of informed consent is established when: (a) The physician fails to disclose to the patient and discuss the material risks and dangers inherently and potentially involved with respect to the proposed therapy, if any; (b) the unrevealed risks and dangers which should have been disclosed by the physician actually materialize and are the proximate cause of the injury to the patient; and (c) a reasonable person in the position of the patient would have decided against the therapy had the material risks and dangers inherent and incidental to treatment been disclosed to him or her prior to the therapy.”
18 later decisions quote this exact passage“"When a motion for directed verdict has been properly made, and the trial court, after construing the evidence most strongly in favor of the party against whom the motion is directed, finds that upon any determinative issue reasonable minds could come to but one conclusion upon the evidence submitted and that conclusion is adverse to such party, the court shall sustain the motion and direct a verdict for the moving party as to that issue." Civ. R. 50(A)(4). "Whether or not a motion to direct a verdict has been made or overruled * * * a party may move to have the verdict and any judgment entered *Page 5 thereon set aside and to have judgment entered in accordance with his motion; or if a verdict was not returned, such party, * * * may move for judgment in accordance with his motion. A motion for a new trial may be joined with this motion, or a new trial may be prayed for in the alternative." Civ. R. 50(B).”
8 later decisions quote this exact passage“'a risk is material when a reasonable person, in what the physician knows or should know to be the patient's condition, would be likely to attach significance to the risk or cluster of risks in deciding whether or not to forego the proposed treatment.'”
1 later decision quote this exact passage
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.