Smith v. Pasquarella’s Empirical Analysis

Citation profile

5 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It is well settled that “[c]onduct may be deemed malpractice, rather than negligence when , it ‘constitutes medical treatment or bears a substantial relationship to the rendition of medical treatment by a licensed physician’” (Scott v. Uljanov, 74 N.Y.2d 673, 674-75 , 543 N.Y.S.2d 369 , 541 N.E.2d 398 , quoting, Bleiler v. Bodnar, 65 N.Y.2d 65 , 72, 489 N.Y.S.2d 885 , 479 N.E.2d 230 ). “‘The distinction between ordinary negligence and malpractice turns on whether the acts or omissions complained of involve a matter of medical science or art requiring special skills not ordinarily possessed by lay persons or whether the conduct complained of can instead be assessed on the basis of the common everyday experience of the trier of the facts’” (Smith v. Pasquarella, 201 A.D.2d 782, 783 , 607 N.Y.S.2d 489 , quoting, Miller v. Albany Med. Ctr. Hosp., 95 A.D.2d 977, 978, 464 N.Y.S.2d 297 ).”

   1 later decision quote this exact passage
   e.g. Staveley v. St. Charles Hospital