385 Pa. Super. 521 - Gouse v. Cassel’s Empirical Analysis
1989
Citation profile
14
cited by 14 later decisions
1
states following
October 1998
most recently cited
12 state decisions
Relationships
Relies on Gray v. Grunnagle · 220 Pa. Super. 260 - Cooper v. Roberts · Pew Trust · 365 Pa. Super. 464 - Neal by Neal v. Lu · 354 Pa. Super. 346 - Festa v. Greenberg
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“We reaffirm our opinion in Sagala , in which we held that it is improper for a trial court to add to the law in Pennsylvania by saying that before a jury can render a verdict for a plaintiff-patient, that plaintiff must show that a reasonable person in his place, having been properly advised by his doctor, would not have consented to surgery. Id., 367 Pa. Superior Ct. at 580 , 533 A.2d at 169 . We refuse to eviscerate the doctrine of informed consent by predicating materiality and, thus, the mandate for disclosure of risks and alternatives, upon a factfinder’s determination that a plaintiff-patient would have declined treatment had the disclosures been made.”
1 later decision quote this exact passage“Recovery is based on the administration of surgical procedure in the absence of the patient’s informed consent, not on whether the patient would not have gone through with the operation if warned of a particular danger. As a practical matter, an operation performed without informed consent is a technical battery, which makes the physician liable for any injuries resulting from that invasion.”
1 later decision quote this exact passage“2. If you find that the plaintiff was not advised of those material facts, risks, complications and alternatives to the surgery, do you find that a reasonable man having [plaintiff’s] diagnosis and [plaintiff’s] condition would have agreed to undergo the operation nevertheless.”
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.