2007 Pa. Super. 42 - Pollock v. Feinstein’s Empirical Analysis
2007
Citation profile
4 state decisions
How this case has been cited
Cited by 4 later decisions — most recently March 2025
4 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 Commonwealth v. Burnside · Womer v. Hilliker · Montgomery v. Bazaz-Sehgal · Valles v. Albert Einstein Medical Center · Valles v. Albert Einstein Medical Center
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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Appellant correctly asserts that the established law of our Commonwealth considers a claim for a lack of informed consent to be a technical battery, and that negligence principles do not apply to this claim. See: Montgomery v. Bazaz-Sehgal, 568 Pa. 574, 585-586 , 798 A.2d 742, 749 (2002).... Thus, at its core, this action required a showing that appellees failed to conform to a specific acceptable professional standard, namely “[to] provide patients with material information necessary to determine whether to proceed with the surgical or operative procedure, or to remain in the present condition.” Valles v. Albert Einstein Medical Center, 569 Pa. 542, 551 , 805 A.2d 1282, 1237 (2002) (internal quotations and citations omitted). At a minimum, appellant was obliged to demonstrate that appellees had failed to disclose such information as would impart to her a true understanding of the nature of the operation to be performed, the seriousness of it, the organs of the body involved, the disease or incapacity sought to be cured, and the possible results.”
1 later decision quote this exact passage“Consent is informed if the patient has been given a description of a procedure set forth in subsection (a) and the risks and alternatives that a reasonably prudent patient would require to make an informed decision as to that procedure.”
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.