174 N.C. App. 191 - Billings v. Rosenstein’s Empirical Analysis
2005
Citation profile
11 state decisions
Relationships
Relies on 130 N.C. App. 729 - Bruce-Terminix Company v. Zurich Ins. Co. · Vassey v. Burch · 130 N.C. App. 616 - Heatherly v. Industrial Health Council · 153 N.C. App. 618 - Coffman v. Roberson · 72 N.C. App. 306 - Beaver v. Hancock
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 11 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.”
3 later decisions quote this exact passage“[w]hen determining whether an expert is familiar with the standard of care in the community where the injury occurred, "a court should consider whether an expert is familiar with a community that is similar to a defendant's community in regard to physician skill and training, facilities, equipment, funding, and also the physical and financial environment of a particular medical community."”
2 later decisions quote this exact passage · from the majority“based his opinion of the standard of care of neurologists in [the county where the injury occurred] on demographic data and his familiarity with similar communities[,]”
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.