294 Ga. App. 333 - Smith v. Harris’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[I]n professional malpractice actions, the opinions of an expert, who is otherwise qualified as to the acceptable standard of conduct of the professional whose conduct is at issue, shall be admissible only if, at the time the act or omission is alleged to have occurred, such expert: (1) Was licensed by an appropriate regulatory agency to practice his or her profession in the state in which such expert was practicing or teaching in the profession at such time; and (2) In the case of a medical malpractice action, had actual professional knowledge and experience in the area of practice or specialty in which the opinion is to be given as the result of having been regularly engaged in: (A) The active practice of such area of specialty of his or her profession for at least three of the last five years ...; or (B) The teaching of his or her profession for at least three of the last five years . . . and (C) Except as provided in subparagraph (D)[ 4 ] of this paragraph[,] ... [i]s a member of the same profession. . . .”

   2 later decisions quote this exact passage
   e.g. Postell v. Hankla · Dempsey v. Gwinnett Hospital System, Inc.

2. “[t]he legislature’s use of the word “or” between subparagraphs (2) (A) and (2) (B), followed by its use of the word “and” between subparagraphs (2) (B) and (2) (C), indicates that a medical expert must show either “active practice” or “teaching” for “at least three of the last five years,” but that whichever of these may be the case, the expert must also be “a member of the same profession” as the person whose performance he is evaluating.”

   1 later decision quote this exact passage
   e.g. Hankla v. Postell