403 Pa. Super. 334 - Kaskie v. Wright’s Empirical Analysis

Citation profile

18 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. “The court [in Kaskie] considered this claim in view of the defendant’s statute of limitations defense but in so doing commented that it refused to expand the doctrine of informed consent to absent information which consists of facts personal to the treating physician. Our ruling does not differ with these comments. It is not necessary in every case for a physician to disclose matters such as experience, credentials or any personal problems. However, where a patient seeks to discover this information by asking the physician these direct questions, that patient deems such information important in the very personal decision of which physician to choose, and a physician who obtains “consent” by providing misinformation, does not have the true consent of the patient.”

   1 later decision quote this exact passage
   e.g. 1999 Pa. Super. 250 - Duttry v. Patterson

2. “Where, “through fraud or concealment, the defendant causes the plaintiff to relax his vigilance or deviate from his right of inquiry,” the defendant is estopped from invoking the bar of the statute of limitations. Schaffer v. Larzelere, 410 Pa. 402, 405 , 189 A.2d 267, 269 (1963). Moreover, defendant’s conduct need not rise to fraud or concealment in the strictest sense, that is, with an intent to deceive; unintentional fraud or concealment is sufficient. Walters v. Ditzler, 424 Pa. 445 , 227 A.2d 833 (1967); Nesbitt v. Erie Coach Company, 416 Pa. 89 , 204 A.2d 473 (1964). Mere mistake, misunderstanding or lack of knowledge is insufficient however, Schaffer v. Larzelere, supra ...”

   1 later decision quote this exact passage
   e.g. Resolution Trust Corp. v. Farmer

3. ““Matters such as personal weaknesses and professional credentials of those who provide health care are the responsibility of the hospitals employing them, the professional corporations who offer their services, or the associations which are charged with oversight. Their failure to fulfill their obligations in this regard becomes a matter of negligence, and it is from them that recovery must be sought. ” Id. at 341, 589 A.2d at 217 . (emphasis added)”

   1 later decision quote this exact passage
   e.g. Oven v. Pascucci