Wall v. Stout’s Empirical Analysis
1984
Citation profile
120 state decisions
How this case has been cited
Cited by 131 later decisions — most recently November 2017 · most notably Dogwood Development & Management Co. LLC v. White Oak Transport Co. (2008), Jackson v. Bumgardner (1986)
120 state decisions — followed in 16 states
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 Marchetti v. United States · Cooper v. State · Brown v. AVEMCO Investment Corp. · Hunt v. Bradshaw · United States v. One 1961 Red Chevrolet Impala Sedan, Serial No. 11837A177369
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 131 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“As to the first thing the plaintiff must prove, negligence refers to a person's failure to follow a duty of conduct imposed by law. Every healthcare provider is under a duty to use their best judgment in the treatment and care of their patients, to use reasonable care and diligence in the application of their knowledge and skill to their patient's care, and to provide health care in accordance with the standards of practice among members of the same healthcare profession with similar training and experience situated in the same or similar communities at the time the health care is rendered. A healthcare provider's violation of any one or more of these duties of care is negligence.”
6 later decisions quote this exact passage“A physician or surgeon who undertakes to render professional services must meet these requirements: (1) He must possess the degree of professional learning, skill and ability which others similarly situated ordinarily possess; (2) he must exercise reasonable care and diligence in the application of his knowledge and skill to the patient's case; and (3) he must use his best judgment in the treatment and care of his patient.... If the physician or surgeon lives up to the foregoing requirements he is not civilly liable for the consequences. If he fails in any one particular, and such failure is the proximate cause of injury and damage, he is liable.”
2 later decisions quote this exact passage“completely unitary in nature, combining in one test the exercise of 'best judgment,' 'reasonable care and diligence' and compliance with the 'standards of practice among members of the same health care profession with similar training and experience situated in the same or similar communities.'”
2 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.