Hagan v. Antonio’s Empirical Analysis
1990
Citation profile
3 federal appellate · 30 state decisions
How this case has been cited
Cited by 40 later decisions — most recently December 2015 · most notably Power v. Arlington Hospital Ass'n (1994), Alcoy v. Valley Nursing Homes, Inc. (2006)
3 federal appellate · 30 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Barr v. Town & Country Properties, Inc. · Etheridge v. Medical Center Hospitals · Watkins v. Hall · Glisson v. Loxley · Gonzalez v. Fairfax Hospital System, Inc.
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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“based on health care or professional services rendered, or which should have been rendered ... to a patient,”
6 later decisions quote this exact passage“legitimate or improper, was 'based on' an 'act' by a health care provider to 'a patient during the patient's medical ... care.' " Id. 40 Applying the same analysis employed by the Virginia Supreme Court to Power's EMTALA claim, we conclude that it would be deemed a malpractice claim under the Virginia Medical Malpractice Act. There can be no dispute that Arlington Hospital is a health care provider under the statute, and that the acts which form the basis of her EMTALA claim occurred while Power was receiving "health care,”
2 later decisions quote this exact passage“When the statutory definitions are applied to the facts alleged, the conclusion must be that defendant’s conduct, legitimate or improper, was “based on” an “act” by a health care provider to “a patient during the patient’s medical ... care.” In other words, the defendant’s conduct, according to the allegations, stemmed from, arose from, and was “based on” the performance of a physical examination.” ... [T]he plaintiff posits that an affir-mance of the trial court’s decision will mean that any time a physician, during examination or treatment of a patient, commits any one of a number of criminal acts which could be classified as torts, such as robbery or rape, such conduct could be classified as “health care” and thus be “malpractice.” The answer to such a suggestion should be obvious, ... It is undisputed that a breast examination, including the touching, is an inseparable part of a typical, complete physical examination of a woman. Rape or robbery during such an examination, or during treatment of a patient, could never arguably be classified as an inseparable part of examination or treatment.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.