Fall v. White’s Empirical Analysis

Citation profile

23 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The patient has a duty to exercise reasonable care in following a physician's instructions. If the physician has proved by a preponderance of the evidence each of the following: (1) The plaintiff failed to follow the physician's - reasonable - instructions, which the physician gave concurrently with or prior to the alleged act of malpractice; (2) A reasonably prudent person exercising reasonable care in the same or similar circumstances would have followed the physician's instructions; (3) The plaintiffs failure to follow the physician's instructions proximately caused the plaintiff's injury; then your verdiet should be for the physician.”

   1 later decision quote this exact passage
   e.g. Faulk v. Northwest Radiologists, P.C.

2. “Our supreme court found that the failure of a physician to realize the actual seriousness of a condition is not negligence unless there are facts to indicate a lack of skill or lack of care in making the examination and diagnosis. Indiana has long recognized the principle that a physician’s mistaken diagnosis does not constitute negligence when the physician has used reasonable skill and care in formulating such diagnosis.”

   1 later decision quote this exact passage
   e.g. Hill v. Rhinehart

3. “'The creation of the relation of physician and patient gives rise to reciprocal duties to exercise due care: that of the physician to his patient, and that of the patient to his physician and himself in relation to the physician's treatment in endeavoring to effect a cure.'”

   1 later decision quote this exact passage
   e.g. Cavens v. Zaberdac