18 Md. App. 360 - Dunham v. Elder’s Empirical Analysis

Citation profile

2 district · 14 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In proving a malpractice case in Maryland, a plaintiff has the burden of proving: (1) the standard of medical skill and care ordinarily exercised in the particular locality; (2) a failure to observe that standard on the part of the physician-defendant; and (3) a showing that the defendant’s failure to observe the proper standard was a direct cause of the injuries about which his patient complains in the malpractice action.””

   1 later decision quote this exact passage · from the majority
   e.g. 22 Md. App. 196 - Raitt v. Johns Hopkins Hospital

2. ““ . .. most restrictive rule, observed in a few jurisdictions ... that an expert medical witness must be familiar with the standard of care possessed and exercised by physicians in the defendant’s own community or locality, the so-called ‘strict locality rule’.” 18 Md. App. at 364 .”

   1 later decision quote this exact passage · from the majority
   e.g. 26 Md. App. 699 - Dobson v. Mulcare