Franklin v. Toal’s Empirical Analysis
2001
Citation profile
9 state decisions
How this case has been cited
Cited by 11 later decisions — most recently July 2024
9 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 Thompson v. Presbyterian Hospital, Inc. · Flanders v. Crane Co. · Nealis v. Baird · Jackson v. Oklahoma Memorial Hospital · Harder v. F.C. Clinton, Inc.
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“At the time of Ms. Franklin's surgery, Dr. Toal had performed approximately 1,800 surgeries using a phrenic nerve pad. Until Ms. Franklin's surgery, he had never failed to remove the pad before closing. He admitted that the pad had not always beep visible in the previous surgeries; nonetheless, he had always removed the pad. He also admitted: (1) he had a duty to remove the pad, (2) he had control of the pad, (3) only the surgeon removes the pad, (4) the retention of the pad' was not a normal surgical risk, (5) he forgot to remove the pad, (6) there was no medical reason for leaving the pad, and (7) if he had 'remembered the pad, he would have removed.”
1 later decision quote this exact passagee.g. Hartley v. Herndon“We emphasize that the standard of care for medical providers for failing to remove foreign objects from a surgical opening remains ordinary care, not strict liability.”
1 later decision quote this exact passagee.g. Hartley v. Herndon“A motion for a directed verdict may not 'be sustained unless there is an entire absence of proof on a material issue.”
1 later decision quote this exact passagee.g. Hartley v. Herndon
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.