Shortell v. Cavanagh’s Empirical Analysis

Citation profile

25 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “frustrate the purpose of using the lay standard for informed consent cases if we were to require a plaintiff in such a case to comply with § 52-190a and attach to the complaint a good faith certificate and written opinion of a similar health care provider.”

   1 later decision quote this exact passage
   e.g. 187 Conn. App. 61 - Wood v. Rutherford

2. “[i]t would not be logical that an opinion from a similar health care provider would be required to commence an action of this nature, when the testimony of a medical expert would not be necessary at trial to prove the standard of care and its breach.”

   1 later decision quote this exact passage
   e.g. 187 Conn. App. 61 - Wood v. Rutherford

3. “[u]nlike a medical malpractice claim, a claim for lack of informed consent is determined by a lay standard of materiality, rather than an expert medical standard of care which guides the trier of fact in its determination.”

   1 later decision quote this exact passage
   e.g. 187 Conn. App. 61 - Wood v. Rutherford