23 Ariz. App. 413 - Evans v. Bernhard’s Empirical Analysis

Citation profile

1 federal appellate · 2 district · 44 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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The asserted independent negligence of Dr. Bernhard stems from his assisting in the second operation despite his limited experience in the surgical field as well as in orthopedics; his failure in ascertaining the type of surgery contemplated by Dr. Fridena; in failing to stop the surgery once he realized what was contemplated and that he was unable to comprehend the technique involved; plus his failure to make a pre-operative examination of the patient. The appellant asserts that ... Dr. Bernhard’s own testimony established the applicable standard. ... Since no independent expert medical testimony was presented, Dr. Bern-hard’s own responses must therefore be examined. Dr. Bernhard testified as to the usual rapport that exists with a specialist to whom he has referred a patient and stated that his relationship with Dr. Fridena in this regard was quite unusual, as there was so little contact between the doctors. He also testified that in his own practice when assisting in surgery, he normally participates in a patient’s preoperative management and is apprised of the contemplated surgery. This did not occur here. However, Dr. Bernhard’s testimony as to his usual personal practice was not sufficient to establish a general medical standard. Karrigan v. Nazareth Convent & Academy, Inc., 212 Kan. 44, 50 , 510 P.2d 190, 196 (1973); Collins v. Itoh, 160 Mont. 461, 469 , 503 P.2d 36, 41 (1972). The personal and individualistic method of practice of this one doctor is not sufficient to”

   1 later decision quote this exact passage
   e.g. Potter v. H. Kern Wisner, M.D., P.C.

2. “* * First, evidence must be presented to establish the applicable standard of medical practice in the particular type of case involved and second, it must also be shown that the doctor negligently departed from this recognized standard in his treatment of the plaintiff. In order to make this threshold breach of duty actionable, it must then be shown that the breach of duty was the legal cause of the plaintiff’s injuries. * * * The medical standard of care must be established by expert medical testimony unless the conduct complained of is readily ascertainable by a layman. * * * However, third party expert testimony is not always necessary as this standard can be established by the defendant doctor’s own testimony.’”

   1 later decision quote this exact passage
   e.g. Llera v. Wisner