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← 292 Ga. App. 333 - Smith v. Finch

292 Ga. App. 333 - Smith v. Finch’s Empirical Analysis

2008

Citation profile

3
cited by 3 later decisions
1
states following
August 2009
most recently cited

3 state decisions

Relationships

Relies on Mayfield v. State · McCannon v. State · 287 Ga. App. 672 - WILLIAM H. STOLL, LLC v. Scarber · 264 Ga. App. 4 - Betha v. Ebanks · 279 Ga. App. 902 - Ellis v. State

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

  1. “In a medical malpractice action, a defendant cannot be found negligent on the basis of an assessment of a patient's condition that only later, in hindsight, proves to be incorrect as long as the initial assessment was made in accordance with reasonable standards of medical care. In other words, the concept of negligence does not include hindsight. Negligence consists of not foreseeing and guarding against that which is probable and likely to happen, not against that which is only remotely and slightly possible.”
    1 later decision 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.