Zwiren v. Thompson’s Empirical Analysis
2003
Citation profile
6 federal appellate · 65 state decisions
How this case has been cited
Cited by 94 later decisions — most recently June 2023 · most notably Cowart v. Widener (2010), McDowell v. Brown (2004)
6 federal appellate · 65 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 Atlanta Obstetrics & Gynecology Group, P. A. v. Coleman · McAuley v. Wills · ONTARIO SEWING MACHINE COMPANY, LTD. v. Smith · Wayne v. State · 145 Ga. App. 113 - Parrott v. Chatham County Hospital Authority
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 94 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Perhaps in the world of medicine nothing is absolutely certain. Nevertheless, ... it is the intent of our law that if the plaintiff medical expert cannot form an opinion with sufficient certainty so as to make a medical judgment, there is nothing on the record with which a jury can make a decision with sufficient certainty so as to make a legal judgment.”
8 later decisions quote this exact passage“"reasonable degree of medical certainty," while an acceptable means by which an expert may express the confidence the expert has in the conclusion formed and the probability that it is accurate, is not the required standard. Georgia case law requires only that an expert state an opinion regarding proximate causation in terms stronger than that of medical possibility, i.e., reasonable medical probability or reasonable medical certainty.”
3 later decisions quote this exact passage“that superior weight of evidence upon the issues involved, which, while not enough to free the mind wholly from a reasonable doubt, is yet sufficient to incline a reasonable and impartial mind to one side of the issue rather than to the other.”
3 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.