Davisson v. Nicholson’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) is practicing health care in a field of practice that involves the same type of care or treatment as that delivered by the defendant health care provider, if the defendant health care provider is an individual, at the time the testimony is given or was practicing that type of health care at the time the claim arose; (2) has knowledge of accepted standards of care for health care providers for the diagnosis, care, or treatment of the illness, injury, or condition involved in the claim; and (3) is qualified on the basis of training or experience to offer an expert opinion regarding those accepted standards of health care.”

   2 later decisions quote this exact passage
   e.g. Columbia North Hills Hospital Subsidiary, L.P. v. Alvarez · SCC Partners, Inc. D/B/A Senior Care Health and Rehabilitation Center - Bridgeport And Foursquare Healthcare, Ltd. F/K/A SCC Healthcare Group v. Billy Robert Ince, Individually and as a Representative of the Estate of Norecca 'Joy' Ince

2. “currently and since 1986 regularly refer[s][his] neurological patients for home health care. As a result for these referrals, I write the orders for home health care treatment for nurses and then follow up with the patient to insure that they received the prescribed care and continue to receive that care if it is ongoing. This is a very common situation in my office. And although I am not a Registered Nurse, because of my experience since 1986 in referring patients for home health care ánd working with nurses that provide home health care for my patients, I am qualified to ascertain when a nurse should have adequate qualifications to treat certain illnesses in the home health care environment. I am qualified to state the standard of care for a nurse treating Christian Mar-ente and opine on the breach of the standard of care. My experience and training in working with health care institutions such as Epic Health Services, Inc., qualify me to render an opinion as to the standard of care for such institutions and opine on the breach of the standard of care.”

   1 later decision quote this exact passage
   e.g. Marente v. Asah