Cartwright v. Tong, M.D.’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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “" 'The "obvious occurrence" exception applies only to cases that are plainly within the knowledge of a layperson. In an "obvious occurrence" case, expert testimony is unnecessary precisely because a layperson can find negligence without the benefit of an expert opinion.' Larsen v. Zarrett , 498 N.W.2d 191 , 195 (N.D. 1993). Generally, technical surgical procedures are recognized as beyond the understanding of a layperson. Id. 'In order for this exception to apply, the occurrence that led to the result, not the result itself, must be obvious.' Greene v. Matthys , 2017 ND 107 , ¶ 14, 893 N.W.2d 179 ."”

   2 later decisions quote this exact passage · from the majority
   e.g. Pierce v. Anderson · Bride v. Trinity Hosp.

2. “does not apply to unintentional failure to remove a foreign substance from within the body of a patient, or performance of a medical procedure upon the wrong patient, organ, limb, or other part of the patient's body, or other obvious occurrence.”

   1 later decision quote this exact passage · from the majority
   e.g. Bride v. Trinity Hosp.

3. “[T]he two-year statute of limitations begins to run when the plaintiff knows, or with reasonable diligence should know, of (1) the injury, (2) its cause, and (3) the defendant's possible negligence.”

   1 later decision quote this exact passage · from the majority
   e.g. Ortega v. Bismarck