Samlowski v. Wooten’s Empirical Analysis

Citation profile

48 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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “a written report by an expert that provides a fair summary of the expert’s opinions as of the date of the report regarding applicable standards of care, the manner in which the care rendered by the physician or health care provider failed to meet the standards, and the causal relationship between that failure and the injury, harm, or damages claimed.”

   4 later decisions quote this exact passage · from the dissent
   e.g. Senior Care Centers, LLC and Midland SCC, LLC v. Cynthia Shelton and Betsy Taylor, Both Individually and on Behalf of the Estate of Carolyn McCain · Tyler Scoresby, M.D. v. Catarino Santillan, Individually and as Next Friend of Samuel Santillan, a Minor

2. “We have previously held that a trial court should look no further than the four corners of an expert report when considering a motion challenging the adequacy of the report because all the information relevant to that inquiry is contained within the report. See Bowie Mem'l Hosp. v. Wright , 79 S.W.3d 48 , 52 (Tex. 2002). Section 74.351(l) does not explicitly state that a trial court may not look beyond the report to determine adequacy, but we have held this is so because the statute specifically focuses on what the report discusses. Am. Transitional Care Ctrs. of Tex., Inc. v. Palacios , 46 S.W.3d 873 , 878 (Tex. 2001).”

   1 later decision quote this exact passage · from the concurrence
   e.g. Healthsouth Rehab. Hosp. of Beaumont, LLC v. Abshire

3. “[i]f, as to a defendant ..., an expert report has not been served [by the deadline], the court, on the motion of the [defendant], shall, subject to Subsection (c), enter an order that: (1) awards [the defendant] reasonable attorney’s fees and costs of court ...; and (2) dismisses the claim with respect to the [defendant] with prejudice to the refiling of the claim. 39”

   1 later decision quote this exact passage · from the dissent
   e.g. Tyler Scoresby, M.D. v. Catarino Santillan, Individually and as Next Friend of Samuel Santillan, a Minor