Jones v. King’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[A] close reading of the relevant portions of the report confirms Powell’s failure to link any delay in diagnosis to any additional pain and suffering or exacerbation of the meningitis than what would have occurred in the face of an earlier diagnosis. Stated another way, while it may be facially appealing to infer additional pain and suffering resulted from the alleged delay in diagnosis, the trial court is not permitted to rely on such speculation in determining the adequacy of the report. While Powell dearly states King suffered “extra ” or “additional ” pain and suffering due to the 4-8-hour delay in diagnosis, he fails to provide any baseline from which the trial court could conclude the delay caused the results. Powell does not explain what facts led him to his conclusions. His report does not indicate the normal or expected course of meningitis once treatment has begun. Does meningitis become more difficult to treat or take longer to resolve if treatment is delayed? Does the disease become more virulent due to lack of treatment? While Powell also states King was “hospitalized twice,” “lost over thirty days at work,” and “incurred a substantial amount of medical bills during the hospitalizations,” he does not attempt to explain how these results would not have occurred if the diagnosis of meningitis had occurred 48 hours earlier. ... ... Here, Powell offered no medical explanation about whether earlier treatment would have been effective in shortening the duration of the”

   1 later decision quote this exact passage
   e.g. Foster v. Richardson