Yeates v. Harms’s Empirical Analysis

Citation profile

2 federal appellate · 24 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘A careful examination of plaintiff’s requested instruction reveals that in his concept of the case he goes too far and would have this court extend the duty of a physician or surgeon to the extreme where he would have to apprise his patient not only of the known risks but also of each infinitesimal, imaginative, or speculative element that would go into making up such risks. This is another hurdle we simply cannot make. . . .’ ””

   2 later decisions quote this exact passage · from the majority
   e.g. Tatro v. Lueken · Younts Ex Rel. Johnson v. St. Francis Hospital & School of Nursing, Inc.

2. ““Q. I want you to assume with me these facts, doctor: That on June 13, a physician in this community performed cataract surgery on an eye of a patient in St. Francis Hospital; that approximately 24 hours later, at least the early morning between 8 and 9 o’clock of June 14th, this physician came into the hospital and examined the patient’s eye and informed the patient that he would be out of town the next morning and therefore would not see him until the following afternoon of the 15th. That a few hours, around 11 or 12 o’clock after the doctor was in on June 14th, the patient got a severe pain in the eye which had the cataract removed from it on the 13th; that he called the nurse in from the hospital, the patient did, and requested that they get in touch with the doctor that had performed the surgery, and that the nurse then informed him they could not get in touch with the doctor and and he requested that some other doctor be called in, or an interne be called up to see him and she informed him, the nurse, he was informed by the nurse in the hospital, that they could not call in another doctor without the consent and instructions and permission of the doctor who had performed the surgery, and that this man lay in the hospital from — let’s see — noon on June 14th until sometime between 1 and 2 o’clock of June 15th in the afternoon and he had had severe pain in the eye that had been operated on. That when the doctor that performed the surgery came in to see him on that day at ”

   1 later decision quote this exact passage · from the majority
   e.g. Yeates v. Harms

3. ““. . . As may occasionally occur, some cases have not required, and therefore, the opinions of this court have not fully stated the general rule (Natanson v. Kline, 186 Kan. 393, 399 , 350 P. 2d 1093 ) but when it has been a decisive factor in a lawsuit, the court has always been careful to re-pronounce our cardinal rule that it is presumed a physician or surgeon possesses and will use that reasonable degree of learning and skill ordinarily possessed by members of his profession and of his school of medicine in the community where he practices, or similar communities. . . .” (pp. 332, 333.)”

   1 later decision quote this exact passage · from the majority
   e.g. Avey v. St. Francis Hospital & School of Nursing, Inc.