Rewis v. United States’s Empirical Analysis
369 F.2d 595 · 1966
Citation profile
21 federal appellate · 1 state decisions
How this case has been cited
Cited by 27 later decisions — most recently March 1989 · most notably Fitzgerald v. A. L. Burbank & Co. (1971), Central Gulf Steamship Corp. v. Sambula (1968)
21 federal appellate · 1 state decisions
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 Sentilles v. Inter-Caribbean Shipping Corp. · International Paper Co. v. United States · United States v. Sarah Joyce King Cooper, as Executrices of the Will of M.A. Cooper, Deceased · Watson v. United States
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The ultimate burden of proof is, of course, on the plaintiff, who, to recover, must show both failure to give proper diagnosis or treatment and proximate causation. However, plaintiff's burden of going forward with evidence as to causation is satisfied and a prima facie case on causation is made out once he introduces evidence that the condition was one which would respond to medical treatment seasonably given and that there was a reasonable medical probability that had treatment been seasonably given the child would have continued to live. The question of reasonable medical probability is, of course, normally the subject of expert testimony.”
1 later decision quote this exact passage““[I]t appears that the trial court based its judgment * * * upon the failure of any witness to testify in effect that ‘to a reasonable degree of medical certainty’ the child’s life could have been saved. No such testimony is required in a case of this kind. The Court, upon the record as a whole, including the testimony of all witnesses bearing upon the subject is, as the fact finder, required to determine for itself whether a proper diagnosis and treatment [on the date in question] would likely have prevented the loss of this life.””
1 later decision quote this exact passage““Sgt. Rewis testified that when he took the child to the base hospital and when he was giving the history to the doctor, he told Dr. Finley, Joann might have had access to some aspirin in the afternoon. However, the trial court discredited this testimony in view of the contrary testimony by the doctor. The resolution of the conflict is certainly not only permissible but appears to us to be correct for it can hardly be conceived that, if given this clue, the doctor would have treated the patient as he did.””
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.