400 So. 2d 1127 - Ray v. Ameri-Care Hospital’s Empirical Analysis

Citation profile

3 federal appellate · 1 district · 27 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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The rules regarding the duty of a hospital toward its patients are that a hospital is bound to exercise the necessary care toward a patient that his condition requires; the hospital's duty extends to protecting a patient from dangers which may result from the patient's physical and mental incapacities and from external circumstances peculiarly within the hospital's control. Whether a hospital has breached its duty of care owed to a particular patient depends upon the facts and circumstances of the particular case. Richard v. Southwest Louisiana Hospital Association, 383 So.2d 83 (La.App. 3 Cir. 1980), writ denied, 385 So.2d 274 (La. 1980); Williams v. Sisters of the Incarnate Word of Galveston, Texas, 341 So.2d 1299 (La.App. 3 Cir. 1977). The standard of care required of a hospital does not require a `community standard' in order to determine if a hospital is negligent under a particular set of circumstances. Richard v. Southwest Louisiana Hospital Association, supra ; Bryant v. St. Paul Fire & Marine Insurance Co., [ 365 So.2d 537 (La.App. 3rd Cir. 1978)] supra. "However, the hospital's duty has been traditionally limited: a hospital is not an insurer of a patient's safety, and the rules of care are limited by the rule that no one is required to guard against or take measures to avert that which a reasonable person under the circumstances would not anticipate as likely to happen. Goodeaux v. Martin Hospital, Inc., 333 So.2d 717 (La.App. 2 Cir. 1976), writ denied, 338 So.2d ”

   3 later decisions quote this exact passage
   e.g. Mullins v. Our Lady of the Lake Hospital, Inc. · Fossier v. Mercy Hospital of New Orleans

2. “A hospital is bound to exercise the requisite amount of care toward a patient that the particular patient's condition may require. It is the hospital's duty to protect the patient from dangers that may result from the patient's physical and mental incapacity as well as from external circumstances peculiarly within the hospital's control. A determination of whether a hospital has breached the duty of care it owes to a particular patient depends upon the circumstances and the facts of that case.”

   2 later decisions quote this exact passage
   e.g. 490 So. 2d 307 - Sibley v. BD. OF SUPERVISORS OF LA. · 655 F. Supp. 1093 - Biggs v. United States

3. “Now, let us discuss the concept of negligence and contributory negligence and proximate cause. The plaintiff in this case, Joan Austin, claims that she suffered an aggravation of her previous physical condition, an aggravation and injury that she suffered because the defendant negligently handled her in the examination room. As we generally know in Louisiana we have what we call the common law in the other states. We have what we call a Civil Code and the article in the Civil Code that applies in this case discusses what responsibilities are and that article is Article 2315 which states, "Every act whatsoever a man that causes damage to another, obliges him by whose fault it happens, to repair it." Therefore, by fault we mean negligence. And what is negligence? We define negligence as the doing of some act which a reasonably prudent person would not do, or the failure to do something which a reasonably prudent person would do, when prompted by consideration which ordinarily regulate the conduct of human affairs. It is, in other words, the failure to use ordinary care under the circumstances. In this case I charge you it is up to you to determine whether or not the employees of St. Charles General Hospital used ordinary care. The employees of St. Charles General Hospital's duty toward the patient is (sic) that a hospital is not an insurer of a patient's safety and the rules of care are limited by the rule that no one is required to guard against or take measures to avert that ”

   1 later decision quote this exact passage
   e.g. Austin v. St. Charles General Hosp.