190 N.C. App. 785 - McGuire v. Riedle’s Empirical Analysis
2008
Citation profile
9 state decisions
Relationships
Relies on 184 N.C. App. 597 - Pinewood Homes, Inc. v. Harris · Thigpen v. Ngo · 155 N.C. App. 372 - Phillips v. a Triangle Women's Health Clinic, Inc. · 185 N.C. App. 524 - Smith v. Serro · 144 N.C. App. 104 - Zenobile v. McKecuen
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Medical malpractice.-Any complaint alleging medical malpractice by a health care provider pursuant to G.S. 90-21.11(2) a. in failing to comply with the applicable standard of care under G.S. 90-21.12 shall be dismissed unless: (1) The pleading specifically asserts that the medical care and all medical records pertaining to the alleged negligence that are available to the plaintiff after reasonable inquiry have been reviewed by a person who is reasonably expected to qualify as an expert witness under Rule 702 of the Rules of Evidence and who is willing to testify that the medical care did not comply with the applicable standard of care; (2) The pleading specifically asserts that the medical care and all medical records pertaining to the alleged negligence that are available to the plaintiff after reasonable inquiry have been reviewed by a person that the complainant will seek to have qualified as an expert witness by motion under Rule 702(e) of the Rules of Evidence and who is willing to testify that the medical care did not comply with the applicable standard of care, and the motion is filed with the complaint; or (3) The pleading alleges facts establishing negligence under the existing common-law doctrine of res ipsa loquitur.”
1 later decision quote this exact passage“[p]laintiff did not present the trial court with an expert who was 'willing to testify ....' " (citation omitted)); id. at 788 n.1, 661 S.E.2d at 758 n.1 ("We decline to address the parties' arguments regarding Dr. Majors' review of the care given. In order to satisfy the Rule 9(j)(1) requirements, plaintiff's expert must have been willing to testify. Because he was not so willing, it is irrelevant whether he in fact reviewed the care that plaintiff received.”
1 later decision quote this exact passage“must be able to show-without the assistance of expert testimony-that the injury was of a type not typically occurring in [the] absence of some negligence by defendant.”
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.