2013 Pa. Super. 296 - Brady v. Urbas’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[The plaintiffs] awareness of the general risks of surgery is not a defense available to [a defendant physician] against the claim of a deviation from the standard of care. While [the plaintiff] or any other patient may consent to risks, she does not consent to negligence. Knowledge by the trier of fact of informed consent to risk, where lack of [informed consent is not an issue, does not help the plaintiff prove negligence. Nor does it help the defendant show he was not negligent. In such a case, the admission of evidence concerning a plaintiffs consent could only serve to confuse the jury because the jury could conclude ... that consent to the surgery was tantamount to consent to the injury which resulted from that surgery. In effect, the jury could conclude that consent amounted to waiver, which is plainly wrong.”

   1 later decision quote this exact passage
   e.g. Brady, M. v. Urbas D.P.M., W., Aplt.

2. “Evidence is relevant if it has ‘any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.’ Pa.R.E. 401. ‘All relevant evidence is admissible, except as otherwise provided by law.’ Pa.R.E. 402. ‘Although relevant, evidence may be excluded if its probative value is outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.’ Pa.R.E. 403.”

   1 later decision quote this exact passage
   e.g. 2017 Pa. Super. 230 - Crespo, A. v. Hughes, W.

3. “The probative value of the consent forms listing the possible results from the procedures described therein outweighed any prejudicial impact. Moreover, as aptly and repeatedly clarified before the jury by both [Appellee] and her counsel, [Appellee] never signed a consent form which identified one of the risks as “negligent surgery.” [Appellee] never authorized Dr. Urbas to negligently perform surgery on her.”

   1 later decision quote this exact passage
   e.g. Brady, M. v. Urbas D.P.M., W., Aplt.