Marshall v. Dodds’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “misdiagnosis or failure to diagnose a condition within the six-year period-which an expert witness opines to be a breach of the physician's duty of care-the statute of repose does not bar the cause of action merely because the physician previously misdiagnosed the condition outside the repose period.”

   1 later decision quote this exact passage
   e.g. Johnson v. Roberts

2. “we hold the statute begins to run at the time of a medical professional's alleged negligent act or omission for which the plaintiff seeks to impose liability without regard to when the course of treatment ended.”

   1 later decision quote this exact passage
   e.g. Johnson v. Roberts

3. “[T]he court reasoned ... [any] subsequent misdiagnoses were merely a continuation of the first misdiagnoses, not distinct acts of negligence that could serve as new trigger points for the statute of repose.”

   1 later decision quote this exact passage
   e.g. Johnson v. Roberts