412 Pa. Super. 54 - Tomko v. Marks’s Empirical Analysis
1992
Citation profile
12 state decisions
Relationships
Relies on Commonwealth v. Klinghoffer · Marks v. Tasman · 346 Pa. Super. 279 - Casey v. Geiger · 350 Pa. Super. 575 - Craddock v. Gross · 376 Pa. Super. 132 - Ervin v. American Guardian Life Assurance Co.
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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The term malpractice denotes a breach of duty owed by one in rendering professional services to a person who has contracted for such services; in physician malpractice cases, the duty owed by the physician arises from the physician-patient relationship. No such relationship existed in the case at bar ... Plaintiff did not employ the defendant nor did [s]he seek or receive medical advice or treatment. Under such circumstances, the defendant did not owe plaintiff any duty arising from a physician-patient relationship.”
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.