Sinz v. Owens’s Empirical Analysis
1949
Citation profile
8 federal appellate · 159 state decisions
How this case has been cited
Cited by 181 later decisions — most recently August 2016 · most notably 8 Cal. 3d 229 - Cobbs v. Grant (1972), 38 Cal. 3d 18 - Mann v. Cracchiolo (1985)
8 federal appellate · 159 state decisions — followed in 12 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 13 Cal. 2d 216 - Engelking v. Carlson · Perkins v. Trueblood · Hodgson v. Bigelow · Benson v. . Dean · 29 Cal. App. 321 - Houghton v. Dickson
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 181 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“is in every case a relative one, i.e. relative to the topic about which the person is asked to make his statement.”
2 later decisions quote this exact passage“The proof of that standard (the reasonable degree of skill, knowledge, and care ordinarily possessed and exercised by members of the medical profession under similar circumstances) is made by the testimony of a physician qualified to speak as an expert and having in addition, what Wigmore has classified as `occupational experience the kind which is obtained casually and incidentally, yet steadily and adequately, in the course of some occupation or livelihood.' (2 Wigmore on Evidence [3d ed.] § 556, p. 635.) [14] He must have had basic educational and professional training as a general foundation for his testimony, but it is a practical knowledge of what is usually and customarily done by physicians under circumstances similar to those which confronted the defendant charged with malpractice that is of controlling importance in determining competency of the expert to testify to the degree of care against which the treatment given is to be measured.”
1 later decision quote this exact passage“in a special branch of medical, surgical or other healing science, and if at that time and in the same locality there are members of his profession who specialize in, and limit their practice to, that particular branch of the healing profession, it is his duty to possess that degree of learning and skill ordinarily possessed by physicians and surgeons of good standing who engage in that special practice in the same locality.”
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.