Giese v. Stice’s Empirical Analysis
1997
Citation profile
59 state decisions
How this case has been cited
Cited by 59 later decisions — most recently April 2022 · most notably Manker v. Manker (2002), Sherwood v. Danbury Hospital (2006)
59 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 Schloendorff v. Society of the New York Hospital · Bing v. Thunig · Petriello v. Kalman · Prendergast v. Nelson · 106 Ill. App. 3d 734 - Pickle v. Curns
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 59 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]he vast majority of courts considering the issue have declined to impose upon hospitals the general duty of informed consent”
2 later decisions quote this exact passage““Typically, courts reach this conclusion after determining that it is the treating physician who has the education, expertise, skill, and training necessary to treat a patient and determine what information a patient must have in order to give informed consent. These courts recognize that nurses and other nonphysician hospital employees do not normally possess knowledge of ‘a particular patient’s medical history, diagnosis, or other circumstances which would enable the employee to fully disclose all pertinent information to the patient.’ ””
1 later decision quote this exact passagee.g. Auler v. Van Natta“Although the question whether nurses and hospitals have an independent duty to obtain the informed consent of a patient is a question of first impression in this state, approximately one-half of the states have addressed this issue. In those states, the courts have uniformly held that the duty to obtain a patient's informed consent rests solely with the patient's physician, rather than with a hospital or its nurses (unless, because of special cireumstances, the physician is an agent for the hospital).”
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.