Noel v. Proud’s Empirical Analysis
1961
Citation profile
2 federal appellate · 3 district · 32 state decisions
How this case has been cited
Cited by 37 later decisions — most recently April 2017 · most notably 251 Cal. App. 2d 303 - Custodio v. Bauer (1967), Malone v. University of Kansas Medical Center (1976)
2 federal appellate · 3 district · 32 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 Natanson v. Kline · Robins v. Finestone · McCoy v. Wesley Hospital & Nurse Training School · Goheen v. Graber · Tefft v. Wilcox
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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“' " ‘As malpractice covers every way in which a patient is injured through the dereliction of a doctor in his professional capacity, the approach, depending on the facts, can be through any of several familiar forms of action. But no matter what the approach, it remains an action for malpractice, not one for deceit, contract or anything else. A well recognized ground for recovery is where a physician represents that he has the skill to perform a certain operation when in fact he does not. This form of action requires the same elements of proof that an action in fraud requires, yet it could not be successfully disputed that as between the two it is an action for malpractice.’ ” (Emphasis added.)”
1 later decision quote this exact passage · from the majoritye.g. Bonin v. Vannaman“under a contractual relationship with the patient arising out of either an express or implied contract of employment or the obligation imposed by law under a consensual relationship, whereby the patient is injured in body and health for which he seeks damages, is malpractice.”
1 later decision quote this exact passage · from the majoritye.g. Toppino v. Herhahn“the duties imposed on him by reason of the professional services undertaken.”
1 later decision quote this exact passage · from the majoritye.g. Toppino v. Herhahn
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.