Lashley v. Koerber’s Empirical Analysis
1945
Citation profile
3 federal appellate · 2 district · 100 state decisions
How this case has been cited
Cited by 107 later decisions — most recently December 2016 · most notably 8 Cal. 3d 229 - Cobbs v. Grant (1972), Coverstone v. Davies (1952)
3 federal appellate · 2 district · 100 state decisions — followed in 11 states
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 24 Cal. 2d 81 - Lawless v. Calaway · 13 Cal. 2d 216 - Engelking v. Carlson · 67 Cal. App. 363 - Markart v. Zeimer · Phillips v. Powell · 66 Cal. App. 577 - Scott v. Sciaroni
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 107 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ . . . [A]n extrajudicial statement amounting to no more than an admission of bona fide mistake of judgment or untoward result of treatment is not alone sufficient to permit the inference of breash of duty; the statement ‘must be an admission of negligence or lack of the skill ordinarily required’ where the statements are reasonably susceptible of more than one meaning, the meaning is to be placed on them which is favorable to the plaintiff.””
3 later decisions quote this exact passage““* * * ‘The law has never held á physician or surgeon liable for every untoward result which may occur in medical practice. It requires only that he.shall have the degree of learning and skill ordinarily possessed by physicians of good standing practicing in the. same locality and that he shall use ordinary care, and diligence in applying that learning and skill to the treatment of his patients. (Citation). Whether he has done so in a particular case is a question for experts and can ■ be established only by their testimony. (Citations) * * *.’ ””
2 later decisions quote this exact passage““* * * The accepted rule is that negligence on the part of a physician or surgeon, by reason of his departure from the proper standard of practice, must be established by expert medical testimony, unless the negligence is so grossly apparent that a layman would have no .difficulty in recognizing it. * *”
2 later decisions 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.