Bowers v. Garfield’s Empirical Analysis

Citation profile

2 federal appellate · 19 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A more equitable formulation would be: whether the physician disclosed all those facts, risks and alternatives that a reasonable man in the situation which the physician knew or should have known to be the plaintiff’s would deem significant in making a decision to undergo the recommended treatment. This gives maximum effect to the patient’s right to be the arbiter of the medical treatment he will undergo without either requiring the physician to be a mindreader into the patient’s most subjective thoughts or requiring that he disclose every risk lest he be liable for battery. The physician is bound to disclose only those risks which a reasonable man would consider material to his decision whether or not to undergo treatment. This standard creates no unreasonable burden for the physician.”

   1 later decision quote this exact passage · from the majority
   e.g. 408 F. Supp. 177 - Harrigan v. United States

2. ““(1) where a physician or surgeon can ascertain in advance of an operation alternative situations and no immediate emergency exists, a patient should be told of the alternative possibilities and given a chance to decide what should be done before the doctor proceeds with the operation ; “(2) the doctor is under a duty to advise the patient adequately on the dangers to be anticipated as a result of the operation and not to minimize them; “(3) the plaintiff has the burden to prove the operation performed had not been authorized.” Bowers v. Garfield, 382 F.Supp. 503, 505 (E.D.Pa.1974) aff'd without opinion, 503 F.2d 1398 (3rd Cir. 1974).”

   1 later decision quote this exact passage · from the majority
   e.g. 242 Pa. Super. 76 - Jeffries v. McCague

3. “places the physician in jeopardy of the patient's hindsight and bitterness.”

   1 later decision quote this exact passage · from the majority
   e.g. Fain v. Smith