185 W. Va. 48 - Farley v. Meadows’s Empirical Analysis
1991
Citation profile
29 state decisions
How this case has been cited
Cited by 33 later decisions — most recently May 2018 · most notably 200 W. Va. 114 - McGraw v. St. Joseph's Hospital (1997), 206 W. Va. 8 - Moats v. Preston County Commission (1999)
29 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 149 W. Va. 166 - Roberts Ex Rel. Roberts v. Gale · 175 W. Va. 634 - Totten v. Adongay · 149 W. Va. 470 - Davidson's, Inc. v. Scott
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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[i]t is the general rule that in medical malpractice cases negligence or want of professional skill can be proved only by expert witnesses.”
3 later decisions quote this exact passage“"The doctrine of res ipsa loquitur cannot be invoked where the existence of negligence is wholly a matter of conjecture and the circumstances are not proved, but must themselves be presumed, or when it may be inferred that there was no negligence on the part of the defendant. The doctrine applies only in cases where defendant's negligence is the only inference that can reasonably and legitimately be drawn from the circumstances. " Syl. Pt. 5, Davidson's, Inc. v. Scott, 149 W.Va. 470 , 140 S.E.2d 807 (1965).”
2 later decisions quote this exact passage“"Ms. Farley had ample time to retain an expert, and failed to do so. She claims that there is a 'conspiracy of silence' among medical professionals, and, of course, there is an understandable reluctance among doctors to testify against fellow doctors with whom they must work every day. However, it is obvious from the abundance of medical malpractice cases that go to trial around the United States, and from the profusion of medical experts advertising their services in the back of legal magazines, that many doctors will gladly don their boxing gloves for a reasonable *Page 1281 fee and testify about malpractice matters away from their own home towns. "”
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.