Carpenter v. Klepper’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Q (Ms. French's counsel): In your opinion, are you familiar with the standard of care for emergency room physicians and emergency room personnel of a hospital in treating a patient such as Ms. French when she presented in November and December of 1999 and for the year preceding that time in 1998 in Memphis, Tennessee, or, or in a similar medical community? A (Dr. Sheppard): Yes, sir. Q: Have you ever practiced in Memphis? A: No, sir. Q: In what city are you familiar with the standard of care that, in your opinion, is similar to the medical community of Memphis? A: Springfield is a, I think, a very similar medical community to Memphis. Q: Well, tell us what you know about the medical community of Memphis. A: Well. Memphis is a pretty decent medical center. It's got St. Jude's Hospital, which of course, is famous, and we send patients there all the time and get patients back from there all the time. It's got two big hospitals, the Baptist and The Med. It's a—it's got the university medical school there, and is fairly well-known teaching center. It's got a big trauma center; it's got a burn center much like Springfield. I mean, we have the same sort of medical specialties, the same sort of stuff that's in Springfield. Baptist and The Med are both like St. John's in that we've got—both of us have off campus—what I call off campus; that is, we've got St. John's and then we've got multiple outlying hospitals. Ours are a little further out than—than Memphis, and we've got them as fa”

   1 later decision quote this exact passage · from the majority
   e.g. Johnson v. Richardson

2. “Q. How are you familiar with the standard of care [in Clarksville]? A. Well, during my tenure in Richmond, I’ve practiced in community hospitals outside of the city. I actually live in a county outside of Richmond that’s about the same size as Montgomery County here. I have worked in several 200-bed — approximate size — hospitals in the Virginia area and have done laparoscopic surgery in those hospitals on a number of occasions. I’ve also traveled in my role as a teacher to numerous communities that are very similar to this in other states. I think Dr. Black had provided a supplement that I looked at that says that Montgomery County has about 135,-000 people. I think I mentioned before that I know about the hospital, the size of the hospital, its capabilities, and so forth. [The defendants’ hospital has] about 200 or so beds. They have an emergency room. They have cancer treatment. They have most of the standard specialties represented. I think they have about 150 staff physicians with privileges there. ... I have, you know, encountered other situations that are very similar in both my own local environment in Virginia, knowing physicians who worked in smaller hospitals working with them on a regular basis, as well as traveling to numerous smaller hospitals, having a chance to develop relationships with surgeons, physicians. I offer courses at our institution. We have many surgeons travel to Richmond where we have several days of interaction, and so forth.”

   1 later decision quote this exact passage · from the majority
   e.g. Donna Faye Shipley v. Robin Williams

3. “Dr. Engel’s affidavit, however, sets out sufficient evidence to show that he was familiar with the standard of care either in Gallatin or in a similar community. In his affidavit, Dr. Engel states that, through his service on the TennCare review board, he has “become familiar with the medical resources available to obstetricians in communities similar in size to Gallatin,” and he is “familiar with the treatment, care and skill of practitioners in communities similar to Galla-tin.” Further, he states that he has reviewed literature and data regarding Gallatin, and he compares it with communities he claims are similar in size, namely Rome, Floyd County, Georgia, and Columbus, Muscogee County, Georgia. He asserts that, “[b]eeause of the referrals I receive from Muscogee County and Floyd County, I am familiar with the standard procedures and practices of obstetricians in Georgia communities similar to Gallatin.” He also states that he is “familiar with the standard of care for obstetrics and gynecology in 2000 in Rome, Floyd County, Georgia,” and that he is “familiar with the standard of care for obstetrics and gynecology in 2000 in Columbus, Muscogee County, Georgia.” Finally, Dr. Engel states that he has visited hospitals in communities similar to Gallatin, and he has attended seminars where he further became familiar with the standard of care for obstetricians in communities similar to Gallatin.”

   1 later decision quote this exact passage · from the majority
   e.g. Donna Faye Shipley v. Robin Williams