Simonson v. Keppard’s Empirical Analysis

Citation profile

22 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) is practicing medicine at the time such testimony is given or was practicing medicine at the time the claim arose; (2) has knowledge of accepted standards of medical care for the diagnosis, care, or treatment of the illness, injury, or condition involved in the claim; and (3) is qualified on the basis of training or experience to offer an expert opinion regarding those accepted standards of care.”

   3 later decisions quote this exact passage
   e.g. Baylor Medical Center at Waxahachie v. Wallace · San Jacinto Methodist Hospital v. Bennett

2. “(1) is practicing health care in a field of practice that involves the same type of care or treatment as that delivered by the defendant health care provider, if the defendant health care provider is an individual, at the time the testimony is given or was practicing that type of health care at the time the claim arose; (2) has knowledge of accepted standards of care for health care providers for the diagnosis, care, or treatment of the illness, injury, or condition involved in the claim; and (3) is qualified on the basis of training or experience to offer an expert opinion regarding those accepted standards of health care.”

   2 later decisions quote this exact passage
   e.g. Baylor Medical Center at Waxahachie v. Wallace · TENET HOSPITALS LTD. v. Barnes

3. “(1) is board certified or has other substantial training or experience in an area of medical practice relevant to the claim; and (2) is actively practicing medicine in rendering medical care services relevant to the claim.”

   2 later decisions quote this exact passage
   e.g. Kelly Ryan Cook, P.A. v. Spears · Terry A. Leonard, P.A. v. Glenn