452 Pa. Super. 215 - Rowinsky v. Sperling’s Empirical Analysis
1996
Citation profile
26 state decisions
How this case has been cited
Cited by 26 later decisions — most recently October 2015 · most notably 2002 Pa. Super. 334 - Gorski v. Smith (2002), Birth Center v. St. Paul Companies, Inc. (1999)
26 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Moure v. Raeuchle · Gray v. Grunnagle · 337 Pa. Super. 58 - Ingrassia Const. Co., Inc. v. Walsh · 220 Pa. Super. 260 - Cooper v. Roberts · 413 Pa. Super. 308 - Pirozzi v. Penske Olds-Cadillac-GMC, Inc.
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.
“Over thirty years ago our Supreme Court stated that "where a patient is mentally and physically able to consult about his condition, in the absence of an emergency, the consent of the patient is `a prerequisite to a surgical operation by his physician' and an operation without the patient's consent is a technical assault." Smith v. Yohe, 412 Pa. 94, 106 , 194 A.2d 167, 174 (1963) (citations omitted). Accord Moure v. Raeuchle, 529 Pa. 394, 404 , 604 A.2d 1003, 1008 (1992); Stover v. Association of Thoracic and Cardiovascular Surgeons, 431 Pa.Super. 11, 17 , 635 A.2d 1047, 1050 (1993).”
1 later decision quote this exact passage“The goal of the informed consent doctrine is to provide the patient with material information which is necessary to determine whether or not to proceed with the surgical procedure. Sinclair v. Block, 534 Pa. 563, 570 , 633 A.2d 1137, 1140 (1993). If this vital information regarding risks, complications, and alternatives to surgery, which a reasonable person in the patient’s condition would have considered significant, is not disclosed to the patient, the surgeon is held liable. SeeGouse [v. Cassel, 532 Pa. 197, 202 , 615 A.2d 331, 333 (1992)].”
1 later decision quote this exact passage“[I]n order to determine the propriety of a decision granting judgment n.o.v. we must determine whether there was sufficient competent evidence to sustain the verdict, granting the verdict winner the benefit of every reasonable inference that can reasonably be-drawn from the evidence and rejecting all unfavorable testimony and inferences. We will not reverse the trial court’s decision absent the demonstration of either an abuse of discretion or an error of law.”
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.