258 Ill. App. 89 - Olander v. Johnson’s Empirical Analysis
1930
Citation profile
2 federal appellate · 17 state decisions
How this case has been cited
Cited by 19 later decisions — most recently April 2009
2 federal appellate · 17 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 McDonald v. Massachusetts General Hospital · Harris v. Thomas · Holtzman v. Hoy · Guell v. Tenney · Chicago & Eastern Illinois Railroad v. Reilly
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Generally an operating surgeon is not legally responsible for the mistake of a nurse not his employee, where an operation is performed at a hospital not owned or controlled by the surgeon. (Funk v. Bonham, supra, [Ind. App. 151 N.E. 22 ]; Guell v. Terney, supra, [ 262 Mass. 54 , 159 N.E. 451 ]; Blackburn v. Baker, 237 N.Y.S. 611 ; Hale v. Atkins, 215 Mo. App. 380 , 256 S.W. 544 .) "All classes of hospitals have at least one power in common. It is the right to prescribe reasonable rules for the conduct of the institution and may standardize the hospital. (Harris v. Thomas [Tex. Civ. App.], 217 S.W. 1068 .) The hospital at which plaintiff was operated was conducted by the Franciscan Order of the Roman Catholic Church. It was a charitable institution, and maintained its own corps of nurses, internes, and staff officers. A physician who used the operating room was required by the rules of the hospital to employ the equipment of the hospital. In the case of the particular operation, it included the nurses in attendance, the sponges supplied, and the records kept. Every physician who avails himself of the privilege of operating in a hospital of this character must conform to the rules of the hospital. Unless he does, he may be deprived of the privilege of practicing his profession at that institution. (People v. Julia F. Burnham Hospital, 71 Ill. App. 246 .)”
1 later decision quote this exact passage · from the majority“Generally an operating surgeon is not legally responsible for the mistake of a nurse not his employee, where an operation is performed at a hospital not owned or controlled by the surgeon. (Funk v. Bonham, supra, [Ind. App. 151 N.E. 22 ]; Guell v. Terney, supra, [ 262 Mass. 54 , 159 N.E. 451 ]; Blackburn v. Baker, 237 N.Y.S. 611 ; Hale v. Atkins, 215 Mo. App. 380 , 256 S.W. 544 .)”
1 later decision quote this exact passage · from the majority
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.