260 Ga. App. 723 - Kane v. Shoup’s Empirical Analysis

Citation profile

21 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[I]n most misdiagnosis cases, the injury begins immediately upon the misdiagnosis due to the pain, suffering, or economic loss sustained by the patient from the time of the misdiagnosis until the medical problem is properly diagnosed and treated. The misdiagnosis itself is the injury and not the subsequent discovery of the proper diagnosis; thus the fact that the patient did not know the medical cause of his suffering does not affect the applicability of OCGA § 9-3-71 (a).”

   4 later decisions quote this exact passage
   e.g. 275 Ga. App. 761 - Brown v. Coast Dental of Georgia, P.C. · 271 Ga. App. 112 - Sidlow v. Lewis

2. “evidence demonstrates only that [the patient's] existing condition was misdiagnosed and mistreated, and that condition was the same one that existed at the time [he or she] first sought treatment from [the doctor].”

   3 later decisions quote this exact passage
   e.g. Amu v. Barnes · Kaminer v. Canas

3. “(1) actual fraud involving moral turpitude on the part of the defendant; (2) the fraud must conceal the cause of action from the plaintiff, thereby debarring or deterring the knowing of the cause of action; and (3) the plaintiff must have exercised reasonable diligence to discover the cause of action, notwithstanding the failure to discover within the statute of limitation. [Cit.]”

   2 later decisions quote this exact passage
   e.g. 283 Ga. App. 705 - Gibson v. Thompson · 292 Ga. App. 707 - Lee v. McCord