Mitchell v. Methodist Hospital’s Empirical Analysis
2012
Citation profile
8 state decisions
Relationships
Relies on Valence Operating Co. v. Dorsett · KPMG Peat Marwick v. Harrison County Housing Finance Corp. · Woods v. William M. Mercer, Inc. · Shah v. Moss · Little v. Texas Department of Criminal Justice
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“B. The health information to be obtained, used, or disclosed extends to and includes the verbal as well as the written and is specifically described as follows: 1. The health information in the custody of the following physicians or health care providers who have examined, evaluated, or treated _(patient) in connection with the injuries alleged to have been sustained in connection with the claim asserted in the accompanying Notice of Health .Care Claim. (Here list the name and current address of all treating physicians or health care providers). This authorization shall extend to any additional physicians or health care providers that may in the future evaluate, examine, or treat_,_(patient) for injuries alleged in connection with the claim made the basis of the attached Notice of Health Care Claim; 2. The health information in the custody of the following physicians or health care providers who have examined, evaluated, or treated _(patient) during a period commencing five years prior to. the incident made the basis of the accompanying Notice of Health Care Claim. (Here list the name and current address of such physicians or health care providers, if applicable.)”
1 later decision quote this exact passage“did not comport with the Legislature’s stated intent of encouraging pre-suit negotiations and avoiding unnecessary litigation. Specifically, [the plaintiffs] failure to list her treating physicians for the past five years essentially rendered [the plaintiffs] authorizations meaningless because such an omission discouraged defendants from undertaking an investigation to evaluate [the plaintiff’s] claims.”
1 later decision quote this exact passage“[T]he abatement has a use in situations in which the tolling provision is not at issue. If notice is provided without an authorization well within the statute of limitations, and the case could be filed sixty days later and still fall within the limitations period, the defendant’s statu tory remedy is to halt proceedings until an authorization form is received.”
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.