370 So. 2d 1222 - Meretsky v. Ellenby’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"It appears the trial court was of the opinion that in order for the plaintiff to recover against the doctor for performance of an operation without the patient's consent, or which was contrary to the patient's express instructions, it was essential for the plaintiff to present evidence of medical experts that the doctor's action was contrary to an accepted standard of medical practice among members of the medical profession with similar training and experience in the same or similar medical community; and the appellee so contends on appeal. We hold such evidence was not required in this case. [e.s.] "The requirement for such medical expert testimony in cases based on a claim of absence of informed consent, Bowers v. Talmadge [ Talmage ], 159 So.2d 888 (Fla. 3d DCA 1963); Ditlow v. Kaplan, 181 So.2d 226, 228 (Fla. 3d DCA 1966); Thomas v. Berrios, 348 So.2d 905, 908 (Fla. 2d DCA 1977); section 768.46(3) and (3)(a)1, Florida Statutes (1977), is not applicable in a case based on a claim of want of consent (as distinguished from a claim of absence of informed consent ), or for an operation claimed to have been performed contrary to the patient's instructions. "In the informed consent cases, the required medical expert testimony is not for the purpose of presenting medical opinion on ... whether ... a patient has a cause of action against a doctor for operating without the patient's informed consent [for which no medical expert testimony is necessary. Cf. Atkins v. Hunes, 110 So.2”

   1 later decision quote this exact passage · from the majority
   e.g. Gouveia v. Phillips

2. “(3) No recovery shall be allowed in any court in this state against any physician ... in an action brought for treating, examining, or operating on a patient without his informed consent when: (a)(1) The action of the physician ... in obtaining the consent of the patient or another person authorized to give consent for the patient was in accordance with an accepted standard of medical practice among members of the medical profession with similar training and experience in the same or similar medical community; and (2) A reasonable individual, from the information provided by the physician ... under the circumstances, would have a general understanding of the procedure, the medically acceptable alternative procedures or treatments, and the substantial risks and hazards inherent in the proposed treatment or procedures, which are recognized among other physicians ... in the same or similar community who perform similar treatments or procedures; or (b) The patient would reasonably, under all the surrounding circumstances, have undergone such treatment or procedure had he been advised by the physician ... in accordance with the provisions of paragraph (a). (4)(a) A consent which is evidenced in writing and meets the requirements of subsection (3) shall, if validly signed by the patient or another authorized person, be conclusively presumed to be a valid consent. This presumption may be rebutted if there was a fraudulent misrepresentation of a material fact in obtaining the signatu”

   1 later decision quote this exact passage · from the majority
   e.g. 436 So. 2d 987 - Ritz v. Florida Patient's Compensation Fund

3. “The requirement for such medical expert testimony in cases based on a claim of absence of informed consent, Bowers v. Talmadge [ Talmage ], 159 So.2d 888 (Fla. 3d DCA 1963); Ditlow v. Kaplan, 181 So.2d 226, 228 (Fla. 3d DCA 1966); Thomas v. Berrios, 348 So.2d 905, 908 (Fla. 2d DCA 1977); section 768.46(3) and (3)(a)1, Florida Statutes (1977), is not applicable in a case based on a claim of want of consent (as distinguished from a claim of absence of informed consent ), or for an operation claimed to have been performed contrary to the patient's instructions.”

   1 later decision quote this exact passage · from the majority
   e.g. Gouveia v. Phillips